All appeals by the defendant and the prosecutor are dismissed.

1. The defendant asserts that, with respect to the punishment (five million won in penalty) of the judgment of the court below as to the summary of the grounds for appeal, the defendant is too unfasible, and the prosecutor is too unfasible and unfair.

2. In light of the judgment, the fact that the defendant recognized his mistake and reflects his mistake, the fact that there is no criminal history, other than once a fine for this type of fine, is favorable, and the fact that no damage has been restored to the victim is disadvantageous.

In full view of all the above sentencing factors, considering the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other factors pertaining to the sentencing indicated in the records and arguments on the change of circumstances, the judgment of the court below’s punishment is deemed appropriate and there is no change of circumstances to be considered in the trial, and thus the Defendant and the Prosecutor’s assertion is without merit.

3. As such, the appeal 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.