All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The lower court’s punishment (five million won in penalty) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The instant crime committed by the Defendant, while driving a car, is deemed to have been excessively possessed by the victim while having a dispute with the pedestrian while driving the car, and has taken the victim’s knick at one time. In light of the method and circumstances of the crime, the Defendant’s responsibility is not weak.

Although the defendant has a record of being fined twice due to the crime of destroying property, it is necessary to severely punish the defendant who has committed another crime despite the past record of repeated punishment.

However, all of the crimes of this case are recognized by the defendant, and the violence committed by the defendant by the victim was committed by the victim by hand at the time of her boom, and the excessive use of a deadly weapon, which is a deadly weapon, was not directly used for the crime of this case, and the victim's insulting behavior, which seems to have resulted in a contingent crime of this case,

In addition, comprehensively taking into account the circumstances revealed in the instant pleadings, such as the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment cannot be deemed to be too heavy or unreasonable.

3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.