All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (six months of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The following facts are disadvantageous to the determination:

On June 17, 2014, the Defendant was sentenced to imprisonment with prison labor for habitual night building intrusion larceny in the Gwangju District Court's order, for one year and six months. On December 14, 2015, the Defendant committed the instant crime in the period of repeated crime, which is only four months, after having been released from prison upon the completion of the sentence at the Net Prison on December 14, 2015.

There are a number of criminal records including the above crimes.

There was no agreement with the victim and the defendant made no effort to recover damage.

On the other hand, the following conditions are favorable.

The value of stolen goods by the defendant is relatively large to 1.3 million won.

Some damaged goods were discovered at the scene of crime and returned to the victim.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is not deemed to be too weak or unreasonable, and thus, the prosecutor and the Defendant’s assertion are without merit.

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.