A. The Prosecutor’s sentence (the fine of KRW 8,00,000) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The defendant has a record of criminal punishment, such as punishment, suspension of execution, and fine, over several times for the same crime.

Furthermore, after having been sentenced to imprisonment with prison labor for the same crime, the crime of this case was committed again during the period of repeated crime.

On the other hand, the following conditions are favorable.

The defendant denied a crime in an investigative agency, but led to the confession and reflect of the crime in the trial process of the first instance court.

The victim has been compensated for damages and agreed with the victim.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is not deemed to be too weak or unreasonable, and thus, the prosecutor and the Defendant’s assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant 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.