Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (4 months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. However, the defendant recognized the crime of this case and divided his mistake, and the defendant did not have any favorable circumstances for the defendant, such as he did not have any record of punishment for the same crime of this case.

However, even though the Defendant did not have the intent or ability to repay his liability for loans due to the use of credit cards, the crime of this case was committed by allowing the victim to pay the purchase price of the vehicle by obtaining specific limits for the purchase of vehicles from the credit card company, and the nature of the crime is not negligible. The circumstance after the crime was committed, such as immediately selling the vehicle purchased by the Defendant to a third party and then consuming it to the bicycle, is not good, and the Defendant was unable to completely recover from the damage.

In addition to the above circumstances, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, degree of damage, and circumstances after the crime should be considered at the same time as the crime of assault that has become final and conclusive. In addition, the court below's punishment is deemed appropriate and it is not deemed unfair because it is too heavy or unfasible. Accordingly, each of the above arguments by the defendant and the prosecutor are rejected.

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