All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

The punishment of the lower court (three years of imprisonment, etc.) is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

The crime of this case was committed at night by the Defendant at a convenience store where the victim D (n, 19 years of age) was a mixed person, and it is not good that the Defendant took money and valuables by threatening the victim with excessive influence. The crime of this case was committed by the victim, resulting in considerable fear and mental shock, resulting in mental and medical treatment, and the Defendant was unable to receive a letter from the victim and was not recovered from the victim, etc., are disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized his criminal act and divided his mistake, the amount of damage is not so significant, and the defendant has no record of criminal punishment except that he has been punished once due to the violation of the Road Traffic Act.

As above, comprehensively taking account of the sentencing circumstances, including the circumstances favorable to the Defendant, the Defendant’s age, character and conduct, environment, motive and means of committing a crime, the circumstances after committing a crime, etc., as well as the sentencing conditions stipulated in Article 51 of the Criminal Act as stated in the argument and records, such as the circumstances after committing a crime, etc., it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable to the extent that it is deemed that the Defendant exceeded the reasonable scope of discretion.

Therefore, the defendant and prosecutor's argument of unfair sentencing cannot be accepted.

4. In conclusion, the appeal filed by the defendant and the prosecutor is without merit and all of them are dismissed under Article 364(4) of the Criminal Procedure Act, and it is decided as per Disposition by the assent of all participating Justices, on the ground that Article 25(1) of the Rules on Criminal Procedure provides for the deletion of the second part of the judgment of the court below.