Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

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

2. The fact that the Defendant was found to have committed the instant crime when the Defendant was in the first instance trial, and is against the Defendant’s duty to recognize the instant crime, that the Defendant made efforts to recover the victim’s damage, and that some damage appears to have been recovered, and that equity with the case where the Defendant was tried along with the crime finalized as stated in the first head of the lower judgment is to be considered as favorable to the Defendant.

On the other hand, even before the crime of this case was committed, the defendant has been punished as a crime of this case, but he again committed the crime of this case, and the money acquired by the defendant from the damaged person has reached KRW 210 million, and did not agree with the victim up to the trial, and did not receive a letter from the injured person, there is a need to punish the defendant strictly.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sex, environment, family relationship, and the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant, his defense counsel, and prosecutor's above sentencing are without merit.

3. If so, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.