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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the court below (the imprisonment of eight months, confiscation) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The following determination is an unfavorable circumstance to the Defendant.
In the case of special intimidation during the crime of this case, it is not good to find another day again the victim was threatened with a deadly weapon on the ground that the victim prevented the defendant who is against the disturbance.
The defendant has prepared to commit the above crimes in advance, such as purchasing wrusium directly, and purchasing wrusium in order to easily access the victim, and there is a high possibility of criticism.
There are many kinds of criminal records, including criminal records, such as violence and intimidation.
On the other hand, the following conditions are favorable.
The defendant recognizes his mistake and reflects his mistake.
Of the instant crimes, in the case of larceny, intrusion by a room at night, intrusion by a room, and larceny, the Defendant appears to have committed a crime while living together, and the damage resulting therefrom is relatively minor.
Victim F has recovered all damaged goods and does not want to punish the defendant.
In addition, comprehensively taking account of the Defendant’s age, sex, environment, etc. and other various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too heavy or it is not deemed unfair as it is too heavy. As such, the Defendant and the Prosecutor’s assertion are without merit.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.