All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

The Defendant appealed respectively on the ground that the lower court’s punishment is too harsh for a year, on the ground that the prosecutor’s punishment is too minor for the Defendant.

2. The following circumstances are favorable to the Defendant: (a) the Defendant led to the confession of the instant crime and reflects his mistake; (b) the Defendant again committed the instant crime even after having been sentenced to imprisonment in June 2007 with prison labor in 207; (c) the Defendant was sentenced to imprisonment in June 2014 with prison labor in 2014; and (d) the Defendant had been punished three times for the instant crime since 2014; and (c) the Defendant was not reinstated until he was sentenced to the judgment of the lower court.

In light of the aforementioned circumstances, comprehensively taking into account the circumstances that led to the Defendant to commit the crime, the age, health condition, character and conduct, environment, and circumstances that are conditions for sentencing as indicated in the instant case, the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion cannot be accepted.

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.