All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine the above arguments by the Defendant and the Prosecutor.

The crime of this case was committed by the defendant opening the entrance of the restaurant operated by the victim, intrusion into the restaurant, and theft of cash 4,000 won in light of the method and contents of the crime, etc., the crime is bad in light of the method and content of the crime, and the defendant has been sentenced to four criminal punishment for the same crime. In particular, the defendant committed the crime of this case without being aware of it even though he was a repeated crime of the same kind, and committed the crime of this case only seven months after release, and it is disadvantageous to the victim until now.

On the other hand, it is favorable for the defendant to recognize the crime of this case and reflect his mistake, the damage amount is relatively minor, and the damage amount is seen as a living penalty.

In full view of the aforementioned circumstances and the equity of sentencing with cases of the same or similar nature as above, as well as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment is too heavy as alleged by the Defendant, or it cannot be deemed unfair because it is too unreasonable as it is alleged by the prosecutor.

Therefore, we cannot accept all the above arguments of the defendant and prosecutor.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.