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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. Although the amount of damage caused by the instant crime (50 million won) is considerable, the damage did not be recovered to the judgment of the court, the victim wanted to punish the defendant with severe punishment, and the fact that the defendant had been punished once due to the same type of crime is disadvantageous to the defendant.
On the other hand, the fact that the defendant recognized his mistake and is against the defendant, the restoration of the damage, and there is no record of punishment exceeding the fine, are favorable to the defendant.
In addition, in full view of the various conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, and background leading to the instant crime, and the result of the application of the sentencing guidelines by the Supreme Court sentencing committee, the lower court’s punishment was too heavy or unhued and exceeded the reasonable scope of discretion.
It does not seem that it does not appear.
Therefore, all of the defendant and prosecutor's arguments are rejected.
3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.