Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (an amount of KRW 5 million) by the lower court is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. In the first instance judgment, the Defendant recognized the instant crime and reflects his mistake, and the fact that it is necessary to consider equity with the case where the first head of the judgment below, which is in a concurrent relationship with the instant crime after Article 37 of the Criminal Act, should be judged simultaneously with the case where the judgment is to be rendered, etc., favorable to the Defendant.

On the other hand, the amount of damage caused by the crime of this case reaches KRW 17 million, the damage caused by the crime of this case has not been recovered, and the defendant has a record of criminal punishment several times including the same crime, etc., which are disadvantageous to the defendant.

In full view of the above circumstances and other circumstances, such as the Defendant’s age, sex and environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is determined to be appropriate as a punishment within the scope of the discretion of sentencing.

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.