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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. The summary of the grounds for appeal argues that the court below sentenced the defendant to a fine of five million won, and the prosecutor asserts that the sentence of the court below is too uneasible and unfair, and the defendant asserts that the sentence of the court below is too unreasonable.
2. We examine both parties’ assertion of unfair sentencing in a lump sum.
Considering the fact that the defendant has been punished for the same crime of violence several times, and that the defendant committed the crime of this case without being involved in the case even though he had been in the period of a separate suspended sentence, and the circumstances of the crime are not less than that of the crime, a strict warning is needed for the defendant.
However, in light of the following: (a) the Defendant led to the confession of the Defendant; (b) the Defendant did not have much different victims; (c) the Defendant agreed with the victim in the original instance; (d) the circumstances in which the Defendant was working to treat alcohol dependence which caused the crime; and (e) there were no changes in circumstances that may be considered in the sentencing; and (e) other circumstances, including the motive and background of the crime of this case; (b) the Defendant’s age, character and conduct, and environment, which are conditions for the sentencing of this case, are considered appropriate.
3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.