All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

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

2. Determination

A. The sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

In the absence of such exceptional circumstances, it is desirable to respect the first instance sentencing determination (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) The prosecutor and the Defendant’s respective sentencing factors are reflected in the lower court, and most of them are reflected in the lower court, and there is no particular change in circumstances in the sentencing guidelines as well as the matters subject to the conditions of sentencing after the lower court was sentenced.

The Defendant’s embezzlement exceeds KRW 50 million, and the Defendant did not receive a letter from the victim until now, and each of the instant crimes continues to have been committed for a long time of four years by taking advantage of the Defendant’s occupational position. As such, each of the instant crimes was a crime that destroyed the victim’s business trust by receiving tuition fees from the Defendant’s own account or receiving cash directly.