All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. The defendant's four-month imprisonment sentenced by the court below is too unhued and unfair.

B. The above sentence imposed by the court below on the defendant is too unreasonable.

2. As to the grounds for appeal, the Defendant had a record of criminal punishment more than 10 times due to obstruction of performance of official duties and interference with business, etc., and committed the instant crime during the suspension of execution by being sentenced to a suspended sentence due to the crime of destroying and damaging property on August 2012

In light of the above criminal records of the defendant, the defendant seems to have a habit of violence during his or her taking-off.

However, the defendant has recognized all crimes and is in depth divided, and recently he has been registered in the employment center and received treatment for alcohol respect, etc., making efforts to improve the habit of violence and return to normal social life.

In addition, in full view of various factors of sentencing as shown in the records and arguments, such as the Defendant’s age, character and conduct, environment, motive, means, and consequence of the instant crime, etc., the sentencing of the lower court seems to be appropriate, and it is not recognized that it is too weak or too unreasonable.

All the arguments of the prosecutor and the defendant are without merit.

3. The appeal by the chief public prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.