All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

The sentencing of the court below (10 months of imprisonment) is too unreasonable.

The sentencing of the court below by the prosecutor is too uneasible and unfair.

However, there is no substantial amount of light oil that was stolen due to the instant crime, and some of the crimes were committed by destroying locks and intrusion into a warehouse, and the liability for the crime is not easy, and there was a record of suspended execution and punishment imposed on one occasion, which are disadvantageous to the Defendant.

However, considering the fact that the amount of damage caused by the instant crime is 3,850,000 won in total, and there are family members to support, and all other circumstances that form the conditions for the sentencing specified in the instant case, such as the Defendant’s age, character and conduct, motive, means and consequence of the instant crime, and the circumstances after the instant crime, the lower court’s sentencing cannot be deemed too weak or unreasonable.

Therefore, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.