A. The sentence of the lower court (the imprisonment for eight months, the suspension of the execution of two years, the fine of 5,00,000 won) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

It is reasonable to respect the first instance judgment in a case where there is no change in the conditions of sentencing compared with the first instance judgment on the assertion of unfair sentencing by the Defendant and the prosecutor, and where the sentencing by the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the first instance judgment falls within the reasonable scope of discretion, it is desirable to reverse the first instance judgment on the sole ground that it is somewhat different from the appellate court’s opinion, and

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the Defendant’s age, character and behavior, environment, motive, means and consequence of a crime, and other various sentencing conditions indicated in the record, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of a crime, the circumstance after a crime, etc., it is not deemed that the lower court’s sentencing is too heavy or unhued so far as it goes beyond the reasonable scope of discretion.

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.