A. The sentence imposed by the lower court (two years of suspended sentence for six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The judgment below rendered the above sentence by taking into account the following favorable circumstances: (a) the victim’s damage amount is not a large amount; (b) the victim’s abduction is expected to be highly high; (c) the defendant recognized and reflects the crime; (d) the first offender; and (e) the victim paid a certain amount under the name of interest, etc.; and (e) deposited KRW 5 million for the victim.

In addition to the circumstances considered by the court below, the court below's unfavorable circumstances are that the injured party was unable to receive a letter from the injured party up to the trial of the party, and considering the favorable circumstances that the deceased party seems to have discharged 5 million won on August 2, 2017 by subrogation on the part of the injured party, respectively.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is too heavy or unreasonable as it is alleged by the Defendant or the prosecutor.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.