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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s sentencing is too inappropriate.
B. The lower court’s sentencing is too uncomfortable.
2. Considering the fact that the nature of the instant crime is not very good, and that the amount of damage caused by the instant crime is a large amount, but the recovery of damage or the failure to reach agreement has been made up to the conviction, strict punishment against the Defendant is necessary.
However, in light of the fact that the defendant has already divided his mistake in depth, the defendant has no particular criminal record other than a fine once, and the age, sex and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is deemed appropriate, and is too heavy or unreasonable. Thus, the above argument by the defendant and the prosecutor is without merit.
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, and it is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act: Provided, That the "the act of larceny at night" of the judgment of the court below No. 3, 21 is clearly a clerical error in the "the act of larceny at night intrusion upon a structure at night", and the judgment of the court below is modified under Article 25(1) of the Rules on Criminal Procedure,