2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the Defendant committed the instant crime during the period of repeated crime is disadvantageous.

However, taking into account the following factors: (a) the confession and rebuttal of the Defendant; (b) the criminal punishment against the person under suspicion is not realistic; (c) the person under suspicion does not want the punishment against the Defendant; and (d) the case and equity should be considered at the same time when the judgment is rendered, such as a violation of the Punishment of Violences, etc. Act (the composition and activities of an organization, etc.); (d) the punishment imposed by the lower court is too heavy

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. It is so decided as per Disposition.