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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (five months of imprisonment) is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. The fact that the Defendant recognized his mistake, and the size of the game site of this case is not large, and the business period is not long, is favorable.
On the other hand, the Defendant committed the instant crime even though he had been sentenced to two years of suspended sentence in October of 2009 for the same kind of crime in 2009.
In addition, considering the Defendant’s age, character and conduct, occupation and environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc., and the sentencing conditions indicated in the instant records and arguments, it is deemed that the lower court’s punishment is too heavy or unreasonable. Thus, the Defendant and the prosecutor’s assertion are without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor 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.