The punishment of the court below (two years of imprisonment) is too minor or unreasonable.

Judgment

The defendant is not guilty of committing the crime of this case at least one month since he/she was released from prison despite his/her past record of punishment for the same kind of crime several times.

However, considering the fact that the Defendant is against the Defendant, the amount of damage is relatively small, and all other circumstances shown in the instant pleadings, such as the Defendant’s age, character and conduct, and environment, the sentence of the lower court is too heavy or it cannot be deemed unreasonable.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.