All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

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

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. Considering the fact that the crime of this case is not good, and that the defendant committed repeatedly the crime of this case even though he had a previous conviction in several times, strict punishment against the defendant is necessary.

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) the Defendant’s blood alcohol concentration is relatively low; (c) the amount of damage was relatively small and agreed with the victims of larceny; (d) the balance of sentencing with the Defendant’s age and health conditions; (b) the Defendant’s age and health conditions; (c) character and conduct and environment; (d) motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (e) the Defendant and the prosecutor’s above assertion are too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant 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.

However, since it is clear that "Article 48 (1) 1 of the Criminal Act is omitted" after the fourth 18th th th th th th th th th of the judgment of the court below, it is corrected that it is added pursuant to Article 25 (1) of the

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