All appeals by the defendant and the prosecutor are dismissed.

1. On the summary of the grounds for appeal, the court below's sentence (3 million won in penalty) against the defendant, the defendant asserts that the defendant is too large and unfair, and the prosecutor asserts that it is too uneasible and unfair.

2. The crime of this case was committed on the ground that the Defendant, who was drunk, did not drink the alcohol, and committed an assault by cutting down the main scam with his arms, and the nature of the crime is not good, and the Defendant had multiple criminal records of violence, and the Defendant did not compensate for damage to the victim until now, etc. are disadvantageous to the Defendant.

However, in full view of all the sentencing conditions as shown in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, environment, the process and consequence of the instant crime, etc., that the Defendant, while under the influence of alcohol, led to the instant crime, and the degree of assault used by the victim is relatively significant, and the Defendant’s age, sexual conduct, environment, the circumstances after the instant crime, and the circumstances after the instant crime, etc., the sentence imposed by the lower court cannot be deemed to be too heavy or too low, and thus, the Defendant and the Prosecutor’

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