Defendant

B All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too unreasonable.

B. The lower court’s sentencing against the Defendants by the prosecutor is too uncomfortable.

2. Determination

A. Considering the fact that Defendant B committed the instant crime is not good, and that Defendant B committed the instant crime during the period of probation, strict punishment on Defendant B is necessary.

However, considering the conditions of sentencing as shown in the argument of this case, such as Defendant B’s age, sex and environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below on Defendant B is deemed appropriate, and is too heavy or too unreasonable, and thus, the above argument by Defendant B and the prosecutor is without merit.

B. Considering that the nature of Defendant A’s instant crime is not good, strict punishment against Defendant A is necessary.

However, considering the fact that Defendant A’s mistake is divided, there is no previous conviction for Defendant A, and the age, sex and environment of Defendant A, motive, means and consequence of the crime, and the circumstances after the crime, the sentence of the court below is too uneasible and unfair. Thus, the prosecutor’s assertion is without merit.

3. As such, the appeal by Defendant B and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.