Defendant

The punishment of the court below (4 months of imprisonment) is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

The fact that the defendant is recognized as committing the crime and the mistake is divided, that the complainant and the original court agreed with the complainant, and that the complainant do not want the punishment of the defendant, etc. are favorable to the sentencing.

On the other hand, the fact that the defendant has already committed the same crime more than 10 times and the total criminal punishment more than 30 times, the crime of this case is committed again during the period of repeated crime resulting from the same crime, and the fact that the crime of this case is bad in light of the criminal fraud method and the crime of this case is not committed.

In this context, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, the background, means and consequence of the crime, the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the lower court is too minor or unreasonable.

Thus, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.