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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant: The penalty of the lower judgment (an amount of five million won) is too unreasonable.
B. Prosecutor: The sentence of the lower judgment is too uneasible and unreasonable.
2. Determination is a favorable reason for sentencing, such as the following: (a) the Defendant’s confession during the commission of a crime; (b) there is no previous conviction; (c) the Defendant committed the instant crime by drinking and contingently; and (d) the police officer’s desire to dismiss the Defendant’s wife; and (c) the degree of interference with the performance of official duties is not easy. It is an unfavorable reason for sentencing.
In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading up to the commission of the crime, and all other matters regarding the sentencing as indicated in the records and arguments in this case, the judgment below’s punishment is determined to be appropriate, and there is no change of circumstances to be considered in the trial at the present time, and the arguments between the Defendant and
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 the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.