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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The summary of the grounds for appeal appealed from the lower court’s punishment (five million won in penalty) so far as it is too unreasonable, and the prosecutor appealed from the lower court’s punishment so far as it is too uneased and unfair.
2. The judgment is the first offender, the defendant deposited one million won for the victim, and the fact that the defendant recognized his mistake and reflected against himself is favorable to the defendant.
On the other hand, in light of the relationship between the Defendant and the victim, and the content of the instant crime, the fact that the victim seems to have satisfyed a considerable personal satisfy
In addition, the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances revealed in the instant pleadings are not deemed to be too heavy or unreasonable since the lower court’s punishment is too heavy, and thus, the Defendant and the Prosecutor’s assertion are rejected.
3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.