All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor (three years of imprisonment) by the court below is too unhued and unreasonable.

2. 판단 이 사건 범행은 피고인이 생후 약 5개월 밖에 되지 않은 아들을 울고 보챈다는 이유로 얼굴을 때려 사망에 이르게 한 반인륜적인 범행으로 그 사안이 중한 점, 전적으로 부모의 사랑과 보살핌을 받고 자라야 할 어린 아들을 보호하지는 못할망정 부모로서의 책무를 망각한 채 아들이 울고 보챈다는 이유로 화를 내고 급기야 그 화를 참지 못하고 아들에게 발산한 것은 어떠한 변명으로도 용서받기 어려운 점 등은 피고인에게 불리한 양형요소이다.

However, in full view of the following circumstances: (a) the Defendant had no criminal power prior to the instant case; (b) the mother of the dead son and the Defendant’s wife wanted to take the Defendant’s wife against the Defendant; (c) the Defendant discovered that the state of the son was missing after the assault; and (d) the Defendant was promptly going to the hospital; and (c) the Defendant has divided his mistake in depth and said she would live while committing a lifelong crime; and (d) other circumstances, such as the background of the instant crime, the circumstances before and after the instant crime; (c) the Defendant’s age, character and conduct, and family environment, are considered as being adequate and excessive or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.