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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. The summary of the grounds for appeal that the court below rendered on the defendant is too heavy (two million won of a fine) or unreasonable (the defendant).
2. Even though the Defendant had been already punished five times prior to the instant crime, the Defendant already committed the same kind of crime without being able to do so, and thus, there is a need to punish the Defendant more strictly.
However, in light of the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) the degree of injury suffered by the instant crime appears to be relatively minor; (c) the Defendant agreed upon with the victim in the course of being investigated into the instant crime; (d) the victim submitted a written agreement to the investigative agency; (b) the victim submitted the written petition to the court of the lower court; and (c) the motive and background of the instant crime; (c) the circumstances after the instant crime; (d) the age of the Defendant and the victim; and (e) the Defendant’s character and conduct, family environment, etc.; and (e) other various circumstances that are conditions for sentencing as indicated in the records of the instant case, the sentence imposed by the lower court is deemed to be appropriate;
Therefore, the defendant and prosecutor's argument of unfair sentencing is not accepted.
3. In conclusion, the appeal filed 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.