All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (10 million won in penalty) is too unhued and unfair.

B. The lower court’s punishment is too unreasonable.

2. Determination

A. In light of the fact that the sentencing takes place within a reasonable and appropriate scope, comprehensively taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and the fact that the sentencing is determined after the appellate court’s ex post facto nature, etc., it is reasonable to respect the first instance judgment in a case where there is no change in the conditions for sentencing compared with the first instance judgment, and the first instance judgment does not deviate from the reasonable scope of discretion. Although the first instance judgment is within the reasonable scope of discretion, it is desirable to reverse the first instance judgment on the sole ground that the difference from the appellate court’s opinion is somewhat different from the appellate court’s opinion, and to refrain from sentencing without any difference from the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

As such, the prosecutor and the defendant's assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant 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.