절도미수
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal (unfair sentencing) asserts that the Defendant is too unfasible to the sentence of the lower court (4 months of imprisonment with prison labor), and that the prosecutor is too unfased and unfair.
2. Comprehensively taking account of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court’s sentencing appears to have been appropriately determined by fully considering all the circumstances, including the various reasons for sentencing asserted by the Defendant and the Prosecutor, and it is difficult to find out any special circumstances to the extent that ex post facto changes in sentencing in the trial.
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 (Provided, That pursuant to Article 25(1) of the Rules on Criminal Procedure, the judgment of the court below [a summary of evidence] re-written “1. Victim’s Statement” is corrected to “1. D Statements”