A. The prosecutor’s sentence of the lower court (two years of suspended execution for one year of imprisonment, and one hundred and sixty hours of community service order) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The following facts are favorable circumstances: (a) the Defendant recognized his mistake and reflects the Defendant; (b) there is no record of punishment for the same crime; and (c) there are some circumstances that may be taken into account in the course of the crime, such as the victim’s failure to pay the construction cost, etc.; (b) on the other hand, the amount taken into account is not so much; and (c) some of them are doubtful as to whether the Defendant’s legitimate claim exists; and (d) the victim wanted to punish the Defendant, taking into account the circumstances leading up to the crime of this case, the circumstances after the crime of this case, the Defendant’s age, character and conduct, and environment, etc.; and (b) there are no other factors of sentencing as indicated in the argument of this case, it is deemed that the lower court’s punishment is too unfavorable or unreasonable

3. If so, the appeal by the prosecutor and the defendant 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.