The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

The summary of the grounds for appeal (unfair punishment) asserts that the defendant is too unafford by the court below's imprisonment with prison labor for six months, and the prosecutor asserts that the sentence of the court below is too unafford and unfair.

2. Determination is an unfavorable circumstance to the Defendant, for example, that the Defendant, while under the influence of alcohol, injured a taxi engineer who demanded a fee without any particular reason and assaulted a police officer dispatched to the police officer to commit the instant crime, and that there is no record of having been punished several times for the same kind of crime.

However, while considering the defendant's attitude of recognizing and opposing the crime of this case, the court below's punishment is somewhat inappropriate, considering the fact that the defendant agreed with the victim B and received a letter from the above victim and other reasons for sentencing, and thus, the defendant's assertion on unfair sentencing is without merit, and the prosecutor's assertion on this issue is without merit.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered through pleading

(3) Article 369 of the Criminal Procedure Act provides that “If an appeal by a defendant is reversed on the ground that the appeal by a prosecutor is well-grounded, the appeal by a prosecutor shall not be dismissed in separate text.”

Application of Statutes

1. Relevant Articles 257(1) and 257(1) of the Criminal Act concerning the crime, Article 136(1) of the Criminal Act, and the choice of imprisonment with prison labor concerning the crime;

1. From among concurrent offenders, the sentencing conditions set forth in the first sentence of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are comprehensively considered prior to the reasons for sentencing.