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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s sentencing is too inappropriate.
B. The lower court’s sentencing is too uncomfortable.
2. Considering the fact that the defendant committed the instant crime again during the period of probation even though he/she had a previous conviction in violation of the Road Traffic Act (non-licenseed driving), strict punishment against the defendant is required.
However, in consideration of the conditions of sentencing specified in the pleadings of this case, such as the fact that the defendant's mistake is divided, the amount of damage of special property damage is not large, and the defendant agreed with the victim, the defendant is a disabled person of mental disability of Grade 2, and the defendant's age, sex and environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is judged appropriate, and it cannot be deemed that it is too heavy or too unreasonable because it is too heavy or too unreasonable. Thus, the above argument by the defendant and the prosecutor is without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.