A. The punishment of the lower court (a fine of 4 million won) is too unreasonable.

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

2. We examine both the Defendant and the Prosecutor’s argument regarding the grounds for appeal.

There are extenuating circumstances, such as (i) the crime of this case, which was tried on May 10, 2012 with the crime of attempted rape, etc., which became final and conclusive on May 10, 2012; and (ii) the fact that the defendant has no record of punishment.

However, on the other hand, the crime of this case is deemed to be less than that of creating uneasiness by changing the call number of the defendant to the victim who was at hand over a long time, and continuously smelling text messages, and thus, the case seems to be less than that of creating uneasiness. The victim seems to have suffered considerable mental pain, ② the victim is not agreed upon, ③ the court below already determined a punishment by reducing a summary order of KRW 5 million in consideration of the above favorable circumstances of the defendant, ③ there is no special circumstance or change of circumstances that can be considered newly after the sentence of the court below, and there is no other circumstance or circumstance that is a condition for sentencing as indicated in the arguments and records of this case, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., it is not recognized that the sentencing of the court below is reasonable, and the defendant and the prosecutor's assertion are all without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.