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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. As to the summary of the grounds for appeal (one year of imprisonment) by the court below, the prosecutor asserts that the punishment is too uneasible and unfair, and the defendant asserts that the punishment is too unreasonable.
2. As to the reasons for appeal by the public prosecutor and the defendant, it is more favorable that the defendant confessions the defendant, and that the amount of damage is relatively small. Since the defendant committed the crime of this case by intrusion upon another person's residence at night and committing theft, it cannot be deemed that the nature and circumstances of the crime of this case cannot be deemed that the victims are less vulnerable, since the damage has not been recovered yet, the victims want to be punished against the defendant. Although the defendant had been sentenced several times of punishment due to the same kind of crime, he again committed the crime of this case even though he had the record of having been sentenced several times of punishment.
In full view of the above circumstances and other circumstances, such as the Defendant’s age, character and conduct, the motive, means and method of the instant crime, and the circumstances after the crime, the lower court’s punishment against the Defendant is deemed appropriate, and it is not deemed that the Defendant is excessively heavy or light.
3. If so, the appeal by the prosecutor and the defendant 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.