Defendant

All appeals by prosecutors are dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy (in the case of imprisonment with prison labor for 8 months and 2 months) or is too heavy (in the case of the defendant) and (in the case of the prosecutor).

2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.

The fact that the defendant's mistake is divided and reflected, and that the thief does not want the punishment of the defendant at the investigation stage is favorable to the defendant.

However, the fact that the defendant had been sentenced several times of punishment for the same crime, had a record of punishment for the same crime every three years from 2015 to 2017, and that the defendant again committed the crime of this case even though he was sentenced to a fine for the crime of this case, is disadvantageous to the defendant.

The lower court appears to have determined the sentence in full consideration of the aforementioned overall circumstances, and comprehensively taking account of all the sentencing conditions expressed in the records and changes in the instant case, the sentence imposed by the Defendant is deemed appropriate, too heavy or less.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.