Defendant

All appeals by prosecutors are dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of imprisonment) is too heavy or (the Defendant) and (the prosecutor).

2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.

The fact that the defendant has a record of criminal punishment for the same crime, and that he/she committed the crime of this case during the suspension of execution is disadvantageous to the defendant.

However, the fact that the defendant's mistake is against the defendant, the fact that the defendant voluntarily surrenders, the fact that the defendant was subject to criminal punishment due to suspended execution is not a crime of the same kind, which is favorable to the defendant.

The lower court appears to have determined the sentence in full consideration of the aforementioned overall circumstances, and comprehensively taking account of all the sentencing conditions expressed in the records and changes in the instant case, the sentence imposed by the Defendant is deemed appropriate, too heavy or less.

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