2. In light of the fact that, prior to the instant crime, the Defendant had been already punished for 11 times for the same criminal records (eight times for imprisonment and three times for suspended sentence of imprisonment), the Defendant was sentenced to one year for the same criminal act on August 10, 2012 as the last punishment, and was released on March 26, 2013, even though he was released on March 26, 2013, it is necessary to punish the Defendant more strictly, in view of the fact that the instant crime was committed again during the period of repeated crime without being aware of, and the nature of the instant crime was very serious.

On the other hand, there are extenuating circumstances, such as the fact that the Defendant led to the instant crime and reflects his mistake in depth, the father of the Defendant died after the Defendant was detained due to the instant crime, and the mother of the Defendant was unable to health due to chronic renal failure.

In light of the above circumstances and favorable circumstances to the defendant, as well as other various circumstances that form the conditions for sentencing specified in the records and pleadings of this case, such as the defendant's age, character and conduct, family environment, etc., the sentence imposed by the court below is too heavy or too unreasonable.

3. In conclusion, 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.