A. In light of the circumstances such as the fact that the defendant was placed in the economic situation where the defendant was lacking, the fact that the defendant suffered from disease such as urology, and the fact that the victim agreed with the victim, the punishment of the fine of KRW 7 million sentenced by the court below is too unreasonable.

B. In light of the circumstances such as the fact that the prosecutor’s criminal records were many, and the crime of this case was committed during the period of probation of the same kind of crime, the sentence sentenced by the court below is too uneasible.

2. In light of the circumstances such as the fact that the judgment defendant had been punished 15 times and that the defendant had been punished for the same kind of crime included four times in the past, and that the defendant committed the crime of this case without being able to do so during the period of probation for the same kind of crime, it is also necessary to impose strict punishment on the defendant.

However, considering the following circumstances: the Defendant’s reflects the Defendant, the victim expressed his intention not to punish the Defendant; the frequency of the instant crime is only one time and the victim appears not to cause serious damage to the victim by transfer of the attitude of the crime; and considering the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is appropriate, and it is not deemed unreasonable or unreasonable.

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