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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s punishment (five million won in penalty) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Considering the fact that the accused has the same criminal records and several times of crimes, and that the accused has failed to reach an agreement with the victim, strict punishment against the accused is required.
However, in full view of the following: (a) the Defendant’s mistake is divided by the Defendant; and (b) the Defendant was living in the same room as the victim, which led to the instant crime; (c) the Defendant’s age, sex and environment; (d) motive, means and consequence of the crime; and (e) various sentencing conditions specified in the instant argument, such as the Defendant’s age, sex and environment; (e) motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (e) the Defendant and the Prosecutor’s assertion are not unreasonable because it is too heavy or uneasible.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.