2. The Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime even during the period of repeated crime, and the Defendant had five criminal records on criminal punishment due to the theft crime, and the sentence has four times, among which the sentence is imposed, and the victims did not reach an agreement and did not take all measures for recovery from damage.

On the other hand, the fact that the defendant recognized his mistake and speaks against the defendant, and the fact that the damaged goods are returned or seized and the actual profits of the defendant are relatively small, etc. are favorable to the defendant.

In full view of the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, as well as the aforementioned flexible and unsound circumstances, the lower court’s sentence against the Defendant is deemed appropriate.

3. According to the conclusion, since the appeal by the prosecutor and the defendant is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition