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All appeals by the defendant and the prosecutor against the judgment of the first instance and by the prosecutor against the judgment of the second instance are dismissed.
Reasons
1. Summary of grounds for appeal;
A. On the first lower judgment, the Defendant asserts that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable, and the prosecutor asserts that the said sentence is too uneasible and unreasonable.
B. On the second judgment of the court below, the prosecutor asserts that the court below's punishment (2 million won of fine, order to complete a program) is too unfilled and unfair.
2. Determination
A. In full view of the grounds for sentencing favorable to the Defendant, including the fact that the first lower judgment had record of the same kind of crime, but the instant crime was committed during the period of suspension of execution, the fact that the nature of the crime was poor by destroying the structure at night and stealing property, etc., the confession and reflects the Defendant’s crime, and the mother of the Defendant agreed with some victims, etc., the sentence imposed by the lower court on the Defendant appears to be reasonable in view of all the grounds for sentencing asserted by the
Defendant
The prosecutor's assertion is without merit.
B. In light of the fact that a confession and reflect on a crime against the second judgment of the lower court, the fact that there is no same criminal record, and that there are no other grounds for sentencing as indicated in the records and arguments in this case, the sentence of the lower court is too uneasible and unreasonable.
This part of the prosecutor's assertion of unreasonable sentencing is without merit.
3. If so, the appeal by the defendant and the prosecutor against the judgment of the first instance court and the prosecutor's appeal against the judgment of the second instance are without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.