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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 (eight months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The Defendant had a total of four times of punishment for the larceny crime, and in particular, the Defendant committed the instant crime without being able to do so even during the period of repeated crime due to special larceny, etc., is disadvantageous to the Defendant.
However, the defendant acknowledges and reflects his mistake.
The damaged goods were returned to the victim.
As the parents of the defendant are leading, they want to take care of their wife.
The judgment below
There is no change in circumstances that may be considered in sentencing after the sentence.
In addition, considering all the factors of sentencing indicated in the records and arguments of this case, such as the Defendant’s age, sex, family relationship, and circumstances before and after the crime, the sentencing of the lower court is conducted within the reasonable scope of discretion, and cannot be deemed as being too heavy or unreasonable.
Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor is rejected.
3. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal filed by the Defendant