The defendant asserts that the court below's punishment against the defendant (one year and six months of imprisonment, three years of suspended execution, three years of community service, 240 hours of confiscation) is too unreasonable, and the prosecutor asserts that the defendant's punishment against the defendant is too uneasible and unfair.

2. Determination

Although the defendant had no previous record, deposited 12 million won to the victims, and there are circumstances to consider his mistake, etc. However, the crime of this case is likely to be committed by the defendant at a large discount store across the country, using the fact that the defendant was not recovered from the store after purchasing the goods and the same article as the goods purchased by the defendant, which was attached to the goods in the same way as the goods purchased by the defendant to prevent double calculation, and then carried them with the goods in the same way as the goods purchased by the defendant and carried them with them. From July 1, 2005 to October 23, 2005 of the same year, the articles at a discount store (total 17,327,860 won) were used for a total of 60 times from July 1, 2005 to October 23, 200 of the same year. In light of the period of the crime, method of the crime, amount of punishment, etc., the defendant's age, character, and home environment, and thus, it is obviously unreasonable or unreasonable to confiscate the defendant's sentence (the above).

3. Conclusion

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

Judge No. 5 (Presiding Judge)