Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (an amount of KRW 5 million) by the lower court is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. It is recognized that the Defendant committed the instant crime during the period of suspension of execution due to a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.).

B. However, in full view of the following circumstances: (a) the Defendant led to the confession of and against the instant crime; (b) the fact that there was no significant damage caused by the instant crime (free type: 63,00 won; (c) property damage: 100,00 won; (d) business obstruction; 20 minutes); (c) the fact that the lower court agreed with the victim; and (d) other circumstances that form the conditions for sentencing specified in the pleadings of the instant case, such as the Defendant’s age, details of the instant crime, and circumstances after the commission of the instant crime, the lower court’s punishment cannot

(c)

Therefore, the above argument by the defendant and the prosecutor is without merit.

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