A. The punishment imposed by the lower court (one year of imprisonment) is excessively unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

Although the defendant had been punished for the same kind of crime over several occasions, he/she again commits the crime of this case, the total amount of damage exceeds 121,50,000 won, and even though he/she had been given an opportunity to reach an agreement with the victim several times from the court below to the trial court, the fact that most of the damage amount did not reach an agreement with the victim and has not been repaid until now is disadvantageous to the defendant.

On the other hand, the following are the circumstances favorable to the defendant: (a) the confession and reflect of the crime of this case; (b) the elderly 68 years old; (c) the health condition is not good due to urology and high blood pressure; and (d) senior high school students who need to nurture on behalf of the children; (b) KRW 12,00,000 out of the amount of damage was repaid; and (c) part of the amount of damage could be additionally repaid through the compulsory execution procedure for the Defendant’s

In light of the above circumstances and other factors of sentencing as stipulated in Article 51 of the Criminal Act, such as the character and conduct of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, the sentence imposed by the court below is deemed appropriate, and it is not determined that the sentence is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument on the grounds of unfair sentencing are without merit.

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. It is so decided as per Disposition.