A. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution, etc.) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

In light of the background, degree, etc. of the instant crime, the lower court, in light of the background, degree, etc. of the criminal conduct, determined the above punishment by taking account of the following favorable circumstances: (a) the victim appears to have suffered a considerable mental impulse; and (b) the Defendant was able to punish the Defendant; (c) the Defendant appears to have been recognized as a substitute for the crime; and (d) the relationship between the first offender and the social ties is relatively clear.

In addition to the above circumstances taken into account in sentencing, there is no change in circumstances that could change the sentence of the court below.

In addition, in cases where there is no change in the conditions of sentencing compared with the first instance court, such as the Defendant’s age, sex, family relationship, and the circumstances after the crime, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), etc., comprehensively taking into account the following factors: (a) the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. As such, 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.