A. The lower court’s punishment (five million won in penalty) is too unreasonable.

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

2. Under our criminal litigation law, which takes the principle of trial-oriented and directness, there exists an area unique to the first instance court’s determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and where the first instance court’s sentencing 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). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the lower court’s reasoning because new materials on sentencing have not been submitted in the trial, and when considering all the reasons for sentencing presented by the lower court, it is not recognized that the lower court’s sentencing is too heavy or it goes beyond the reasonable scope of discretion by being frightened.

3. In conclusion, 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.