All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

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

2. The Defendant committed the instant crime again during the suspended execution period for the same kind of crime even though he/she had been sentenced to punishment for the same crime, etc. is disadvantageous to the Defendant.

However, the circumstances favorable to the defendant include the fact that the defendant recognized his mistake and reflects his depth, and that the defendant seems to have reached an contingent crime under the influence of alcohol.

In addition, comprehensively taking into account all other circumstances such as the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the lower court’s sentence is too heavy or is so unjustifiable, and thus, the Defendant and the prosecutor’s assertion are without merit.

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