All appeals by prosecutors are dismissed.

A. The sentence of the lower court (a fine of five million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court (a fine of five million won) is too unhued and unreasonable.

2. Determination

A. According to the records, the court below determined the punishment in consideration of various sentencing reasons, such as the fact that the damage was not recovered, the records of punishment for the same kind of crime are several times, and the fact that the crime of this case was committed again during the repeated crime period, the fact that the mistake was divided and reflected, the elderly, health conditions, etc.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial at the original court, and considering the various reasons revealed in the oral proceedings, it does not seem that the sentencing of the lower court is too heavy or it goes beyond the reasonable scope of discretion due to the absence of any change in the conditions of sentencing.

C. Therefore, the argument of unfair sentencing is without merit.

3. As such, the appeal 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.