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

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The judgment of the Defendant is a long period of time and the amount paid by the victim and E is a larger amount than KRW 0,000,000. The crime of this case is committed by the Defendant, which is committed by the Defendant, is the age of the victim in school, the Defendant is detained by their children E, making it difficult to take appropriate measures, and by deceiving the court, is not good enough to commit a crime.

On the other hand, the fact that the defendant has not been punished as the same power prior to the crime of this case, the fact that his mistake is recognized and reflected, the crime of this case has not acquired any benefit directly by the defendant, the fact that the defendant has not acquired any benefit from the attempted crime of this case, the fact that the victim and E have returned a considerable portion of the amount received as the crime of the crime, and that the victim expressed his intention not to be punished by the defendant by agreement with the victim, etc. are favorable to the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, background of the crime, and circumstances after the crime, etc., the lower court’s punishment is deemed as appropriate and is too heavy or unreasonable.

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