A. The lower court’s punishment (7 million won of a fine) is too unreasonable.

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

2. The defendant shows his attitude to reflect in depth the error.

It seems that the crime was committed to make a living.

The defendant is old, and the defendant's wife is also not good due to urology, etc.

On the other hand, the Defendant committed the instant crime because it did not run one year after the completion of punishment due to special larceny.

In Japan, in 2003, 4 years of punishment for larceny was sentenced to imprisonment, and the parole had been served, but again the smuggling was made in Japan.

In addition, considering various factors of sentencing, such as the defendant's age, living environment, motive and background of the crime, circumstances after the crime, and criminal records, it is not deemed that the sentence of the court below is too heavy or unreasonable.

The Defendant and prosecutor’s assertion of unreasonable sentencing is difficult to accept.

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