All appeals by the defendant and the prosecutor are dismissed.

1. The gist of the grounds for appeal is that the defendant asserts that the punishment of the court below (one year and two months of imprisonment) is too unreasonable and unfair, and the prosecutor asserts that it is too unfeasible and unfair.

2. The circumstances favorable to the defendant include the fact that the defendant's mistake is recognized and against himself/herself, and there is no criminal history exceeding the suspended sentence.

Meanwhile, the Defendant committed the instant crime without being aware of the fact that the Defendant had been punished several times due to the same crime, in particular, during the period of suspension of execution due to the crime of drinking driving, and that the Defendant committed the instant crime without being aware of the fact that he/she was sentenced to four times due to the instant crime after the sentence of suspension of execution was rendered, and that the Defendant committed the instant crime without being aware of the fact that the Defendant’s blood alcohol concentration level was relatively high at the time of the instant case.

Considering the above circumstances and the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem that the lower court’s punishment is too heavy or unbrupted and unfair.

Therefore, the above argument by the defendant and the prosecutor is without merit.

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