Defendant

The appeal by the prosecutor is dismissed.

1. Improper sentencing for each of the reasons for appeal;

2. The lower court determined a sentence lower than the lower limit of the recommended sentence based on the sentencing guidelines, taking into account the favorable circumstances, such as the fact that the Defendant denies and does not seriously reflect the crime, the consumption of the directly acquired money, the fact that the Defendant did not endeavor to recover from damage, the fact that there was no criminal record exceeding the fine, and that there was no criminal record exceeding the fine, and that he suffers from pinson’s disease, etc., and that the health is not good.

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

In light of the fact that the defendant was found to have committed a crime in the past, the sentencing conditions that were set forth in the first instance have been significantly changed.

It is difficult to see it.

The circumstances required for each appeal are deemed to have already been considered in the original judgment, and considering the consideration of the aforementioned sentencing factors, it cannot be deemed that the original judgment’s punishment is too weak or unreasonable.

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit. Thus, each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.