All appeals by the defendant and the prosecutor are dismissed.

1. The gist of the grounds for appeal (public prosecutor) is too unfluent and unreasonable.

2. According to the records on the Defendant’s appeal, the Defendant filed an appeal against the lower judgment on August 24, 2016, and received notice of receipt of the records of trial from the lower court on September 12, 2016, but failed to submit the statement of reasons for appeal within 20 days, which is the period for submitting the statement of reasons for appeal as prescribed in Article 361-3(1) of the Criminal Procedure Act, and the petition of appeal does not contain any indication of reasons for appeal and does not contain any reasons for ex officio examination even after examining the records. Thus, the Defendant’s appeal is not accompanied by law.

3. The defendant has been punished for the same kind of crime, and committed the crime of this case during the period of probation, and the amount of damage is high to 57 million won for the vehicle embezzled by the defendant.

However, the defendant has made efforts to recover damage, such as cooperation in recovering vehicles by the victim and paying money to the victim, and the victim expressed his/her intention not to be punished by the defendant at court.

In addition, considering the various circumstances, such as the defendant's age, sex, environment, motive, method, and consequence of the crime, which are shown in records and pleadings, the sentence of the court below is within the scope of reasonable discretion, and it is not recognized that the defendant's punishment has reached the degree of undueness.

Therefore, prosecutor's assertion is not accepted.

4. In conclusion, the Defendant’s appeal is unlawful, and thus, pursuant to Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act, the Prosecutor’s appeal is without merit, and thus, all of the appeals are dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and is so decided as per Disposition (Article 355(1) of the Criminal Act, and “the choice of imprisonment and imprisonment” in the 20th judgment of the lower court is “the period of repeated offense” in Article 355(1) of the Criminal Act, and “the period of repeated offense” in the 3rd 7th 7th 7th 7th .