A. The sentence of the lower court against the Defendant (one year of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Under the current Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of direct determination, there exists an area unique to the first instance judgment regarding the determination of sentencing. As such, it is reasonable to respect the first instance judgment in a case where there is no change in the conditions of sentencing compared to the first instance judgment, and the first instance judgment does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances alleged by the Defendant on the grounds of sentencing favorable to the grounds of appeal by the prosecutor, as well as the circumstances alleged by the Defendant on the grounds of sentencing unfavorable to the Defendant on the grounds of appeal are deemed to have been sufficiently taken into account when the lower court determined the Defendant’s punishment at the first instance court, and there is no additional circumstance to change the lower court’s punishment at the first instance court at the same time, and it cannot be said that the lower court’s punishment is too heavy or unreasonable by considering the Defendant’s age, sex, environment, motive, means, and consequence of the crime, etc.

3. The appeal filed 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.