Defendant

All appeals by prosecutors are dismissed.

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (two million won of a fine) is too heavy (the Defendant) or is deemed unreasonable.

2. The crime of this case is a factor for sentencing unfavorable to the defendant, with the content that the defendant tried to enter the bicycle race track under the influence of alcohol and assaulted the victim, who is a security guard of the bicycle race track, and obstructed his duties. The defendant has a majority of the punishment for violent crimes in the previous years, and even during the suspended execution period, the crime of this case is highly likely to be subject to criticism, and that the defendant did not reach an agreement with the victim or failed to repay the damage until the trial.

On the other hand, the fact that the defendant repents and reflects the elderly mistake, and the degree of damage to the victim caused by the crime of this case is relatively minor, etc. are factors for sentencing favorable to the defendant.

In full view of all the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below shall be appropriate, and shall not be too heavy or less severe.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided