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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 lower court (six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Circumstances favorable to the defendant are as follows.
The Defendant recognized all the crimes of this case and is against the law.
When the defendant is sentenced to imprisonment, he/she may be paid compensation for damage caused by non-performance of a construction contract.
The Defendant disposed of vehicles.
The defendant is not healthy.
Circumstances unfavorable to the defendant are as follows:
The defendant's blood alcohol concentration is not lower than 0.116%.
In 2015, the defendant has been sentenced to imprisonment for a violation of the Road Traffic Act and a violation of the Road Traffic Act in 2015 and has been sentenced to a fine of 4 times for a violation of the Road Traffic Act in addition to a suspended sentence of 2 years, the defendant has been sentenced to a fine of 2 years.
The Defendant committed the instant crime again during the suspension of execution due to the same crime.
In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and theories, such as the circumstances after the crime, etc., the sentence of the lower court is too unreasonable or too low, and thus, it cannot be deemed unfair.
All the arguments of the defendant and the prosecutor are without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.