A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The Defendant had several criminal records for the same kind of crime, and even though the Defendant had committed a repeated crime due to the same criminal record, it is not good that the Defendant committed the instant crime.

On the other hand, the defendant's criminal period is not long, and there are many illegal profits from the crime of this case.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence of the lower court is too heavy or unreasonable.

Therefore, the defendant and prosecutor's assertion are without merit.

[The sentencing guidelines, however, apply to the aggravated area (one to three years, aggravated factors among the special siblings - the same repeated offense) of the two types (one to three years, the aggravated factors among the special siblings - the same type of punishment) (the initial sentencing guidelines applied mistakenly to the first type, not the second type, but the sentencing of the court below is not unfair for the above reasons.

[3] In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act since the appeal filed by the defendant and the prosecutor is without merit. It is so decided as per Disposition.