All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant with mental and physical weakness was under the influence of alcohol at the time of committing the instant crime and was in a state of mental and physical weakness.

2) The sentencing of the lower court’s unfair sentencing (4 months of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. In light of the background leading up to the instant crime, the means and method thereof, the Defendant’s attitude and words before and after the commission of the crime, and the circumstances after the commission of the crime, etc. acknowledged by the evidence examined by the lower court as to the Defendant’s assertion of mental and physical weakness, it is recognized that the said Defendant had drinking alcohol at the time of the crime, but there was lack of ability to discern things or make decisions.

shall not be deemed to exist.

3. The Defendant had a record of having been punished several times for the same kind of crime, and in particular, the instant crime was committed five days after the execution of imprisonment was completed due to a special injury.

As a result of the instant crime, the victim suffered an injury that requires approximately eight weeks of treatment.

On the other hand, the defendant is seriously against his fault and agreed with the victim.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment, the sentencing of the lower court is not unfair.

4. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.