All appeals by the defendant and the prosecutor are dismissed.

1. The lower court rendered a judgment dismissing the prosecution regarding the assault among the facts charged in the instant case, and rendered a judgment of conviction against the remainder of the facts charged.

The Defendant appealed against the conviction portion of the judgment below, and the prosecutor stated in the petition of appeal that the scope of the appeal is “wholly”, but only the “unfair sentencing” was stated on the ground of appeal petition or the reason for appeal, and does not entirely state the grounds for appeal as to the dismissal portion of the public prosecution.

Therefore, since the dismissal part of the judgment of the court below became separately final and conclusive, the scope of this court's judgment is limited to the conviction part.

2. Summary of reasons for appeal;

A. The punishment of the lower court (4 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

3. The instant crime was committed by the Defendant by force, which prevents the victim’s business by force, and the nature of such crime is not less than that of the victim, and the Defendant has a criminal record of violence twice.

On the other hand, however, the defendant shows the attitude of recognizing and opposing his mistake, and agreed with the victim.

Considering the above conditions unfavorable to or favorable to the defendant, and other conditions of sentencing as shown in the argument of this case such as age, sex, environment, etc., the sentence of the court below does not seem to be too heavy or unreasonable because it is within the proper scope of sentencing discretion. Thus, the above argument by the defendant and the prosecutor is without merit.

4. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.