All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that a prosecutor (as to the judgment of the court of first instance), not only has the record of being punished several times for violent crimes, but also has committed the instant crime without being able to do so during the period of suspension of execution due to violent crimes, etc., the sentence (as to the penalty of five million won) sentenced by the court below is too uneasible and unfair.

B. In light of the fact that the Defendant (hereinafter “Defendant 2”) committed the instant crime by contingency under the influence of alcohol, the Defendant agreed with the victim at the lower court’s stage that the victimized person does not want to be punished against the Defendant, and that the Defendant is in depth divided into his own crime, the sentence sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. The judgment of the court of first instance on the ground that the judgment of the court of first instance is a fine, and the judgment of the court of second instance is sentenced to imprisonment with prison labor, and the judgment of the court of second instance is not reversed ex officio on the ground that this case does not require a single sentence

A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and direct principle as to the judgment criteria for unfair argument of sentencing, in cases where there exists no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) The Defendant agreed with the victim in the lower court at the lower court’s stage to determine the unfair argument of sentencing, and the victim expressed his/her intention that he/she does not want to be punished against the Defendant to the lower court.

In addition, all kinds of sentencing shown in the records and arguments of this case, such as the age, sex, environment, motive, means and consequence of the crime, and the record of the crime, including those favorable or unfavorable to the defendant.