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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (ten months of imprisonment, two years of probation, two years of probation, observation of protection, and 160 hours of community service) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The facts that the Defendant recognized the instant crime and reflects on it are favorable that the Defendant had been sentenced to suspended sentence due to the violation of the Military Service Act in 2012 are unfavorable circumstances.
There are no special circumstances or changes in circumstances that can be newly considered in the trial of the party, and comprehensively taking account of the records and arguments of this case, such as the defendant's age, sex, family relationship, circumstances of the crime, and the circumstances after the crime, the lower court's punishment is too heavy or unbrupted so that it cannot be deemed unfair.
Defendant
We do not accept the prosecutor's assertion.
3. The appeal by the defendant and the prosecutor 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.