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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 sentence (6 months of imprisonment) against the Defendant (unfair sentencing) is too unreasonable.
B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too unhued and unreasonable.
2. On the other hand, there are circumstances favorable to the defendant, such as the circumstance leading up to the crime of embezzlement of this case, the recognition of all the criminal facts of the defendant, the violation of all the criminal facts, and the fact that there are children who have to support. Meanwhile, in full view of the circumstances that are disadvantageous to the defendant, including the fact that the market price of the embezzled leased vehicle is considerable, and the vehicle has not been returned to the present time, and other circumstances, such as the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions of sentencing as indicated in the records, are not deemed unfair because the court below's punishment is too heavy or it is deemed unfair. Accordingly, each argument by the defendant and the prosecutor is without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.