2. The following circumstances are favorable to the Defendant: (a) the Defendant was sentenced to a suspended sentence of one year for the same crime on August 31, 201; (b) the Defendant committed the instant crime without being sentenced to a suspended sentence of two years for the same crime on August 31, 201; and (c) the instant crime includes aiding and abetting sales of philopon, the nature of which is heavy, in which the Defendant committed the instant crime.

In addition, taking into account the Defendant’s age, character and conduct, family environment, and circumstances leading to the instant crime as well as various sentencing conditions as shown in the instant records and arguments, such as the circumstances before and after the instant crime, it is not deemed that the sentence imposed by the lower court is too heavy or unreasonable.

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