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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of the grounds for appeal each sentencing (the sentence of the lower court: a fine of 20 million won);
2. Determination
A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.
B. The lower court, taking into account the following factors: (a) the Defendant led to the confession of the instant crime; (b) the restoration of the instant land to its original state; and (c) the Defendant has no record of punishment equal to or higher than the suspension of execution; and (b) determined a sentence by taking into account the Defendant’s age, sexual behavior, environment, motive and means of the instant crime; and (c) the circumstances after the commission of the crime, etc.
(c)
The grounds for each unfair sentencing alleged by the defendant and the prosecutor are shown to have been sufficiently considered in determining the punishment against the defendant, and the above sentencing conditions have changed otherwise.
There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.
All the arguments of the defendant and the prosecutor are without merit.
3. 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. It is so decided as per Disposition.