Defendant

The punishment of the court below (six months of imprisonment) is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

The Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of directness, should respect the determination of sentencing in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the conditions of sentencing compared to the original judgment as the new sentencing materials have not been submitted at the trial court. In full view of all of the reasons for sentencing indicated in the records of this case, it cannot be deemed that the lower court’s sentencing is too heavy or is fluent, and thus, exceeded the reasonable scope of discretion.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.