2. In full view of the following factors: (a) the Defendant led to the confession and reflect of the instant crime; (b) favorable circumstances that the victim sought the Defendant’s wife by mutual agreement with the victim; (c) the injury amount exceeds 70 million won; (d) the damage amount exceeds 70 million won; and (e) most of the damage amount is not recovered; (e) the Defendant was sentenced to imprisonment for the same kind of crime; and (e) disadvantageous circumstances, such as the Defendant’s age and happiness environment; and (e) circumstances before and after the commission of the instant crime; and (e) other various sentencing conditions as shown in the records and arguments, such as the records and arguments, the punishment imposed by the lower court is not too excessive or less severe.

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