All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 2’s punishment (six months of imprisonment) is too unreasonable.

B. The punishment of the prosecutor (the punishment of the court below No. 1 is a fine of 4 million won, and the punishment of the court below No. 2 is the same as above) of the court below is too uneasible and unfair.

2. Determination

A. The fact that the Defendant of the first instance court had been punished several times for violence-related crimes, and that the Defendant went to the crime of the first instance court even though he was in the period of suspension of execution due to the crime of injury and the crime of interference with the execution of official duties, is disadvantageous to the Defendant.

However, in light of the fact that the Defendant is aware of and against his mistake, the victim D’s degree of injury is not very serious, and other circumstances revealed in the instant pleadings, such as the Defendant’s age, sexual conduct, environment, motive and consequence of the crime, and circumstances after the crime, etc., the lower court’s punishment is too uneasible and it is not deemed unfair, and thus, the Prosecutor’s 1’s unjust assertion of sentencing against the first instance court’s punishment is rejected.

B. The fact that the defendant in the second instance trial both recognize and reflects his mistake, the degree of injury to the victim M is not very serious, and the fact that the defendant agreed smoothly with the victim M is favorable to the defendant.

On the other hand, the fact that the defendant has been punished several times for violent crimes, and that the defendant was under suspension of execution due to the crime of injury and the crime of interference with the execution of official duties and that the victim of the second instance judgment is a railroad worker in charge of maintaining order in rolling stock or a police officer in charge of performing official duties is disadvantageous to the defendant.

In addition, considering the various circumstances revealed in the instant pleadings, such as the Defendant’s age, sexual conduct, environment, motive and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is too heavy or is deemed unreasonable due to the absence of such circumstances. Therefore, the Defendant and the Prosecutor’s 2nd sentence’s allegation of unfair sentencing against the Defendant and the 2nd sentence is acceptable.