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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.
B. The prosecutor’s sentence of the lower court (ten months of imprisonment) is too unhued and unreasonable.
2. The judgment of the defendant had a record of being punished several times, including the suspended sentence due to driving without a license, and repeated the crime of driving without license of this case without being involved in the crime of this case, and committed the crime of this case. The defendant's act of fraud was committed by deceiving the victims, and the crime of this case was not committed due to the repayment of the debt for the purchase of kitchen supplies in the amount of KRW 50 million, or using it as the cost of one's own kitchen equipment, and making it difficult for the victims of the crime to pay damages. Nevertheless, it is unfavorable for the defendant to have failed to agree with the victims of the crime of fraud.
However, it is not recognized that the lower court’s punishment is too heavy or unreasonable in light of the following: (a) the Defendant is provoking in depth the instant crime; (b) the driving distance is very short as the Defendant moves a parked vehicle at the request of another person while driving the instant unauthorized license; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (d) other various circumstances shown in the instant pleadings, such as the circumstances after the commission of the crime.
3. In conclusion, the defendant's appeal and prosecutor's appeal are all without merit, and they are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.