All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (five years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. The relevant legal doctrine is an unreasonable sentencing case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria that are the conditions of the sentencing as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the court below.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

We examine whether the sentence of the lower court, which returned to the instant case, is too heavy in light of the substance of the specific case, or is too unreasonable.

1. The court below held that ① the defendant filed a report with the police at the time of the criminal case, such as the previous special injury, and made a statement of damage, and the defendant did not submit a written agreement by the time of sentencing, and the victim was threatened, and immediately sought the victim on the day when the defendant finally completed the punishment, and immediately returned the crime of this case, the defendant committed the crime of this case. The defendant committed the same crime repeatedly even though he had the record of several violent crimes, even though he had been repeatedly committed several times during the period of repeated crimes, the victim who was neighboring the defendant seems to have experienced considerable fear and mental suffering by the crime of this case, and the retaliation crime against the victim of the criminal case is an individual victim.