All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. In view of the fact that the Defendant, who committed the same crime as the instant case by the public prosecutor, committed the instant crime without being familiar with the offender during the period of repeated crime, including the punishment for suspended execution, and other multiple criminal records, and the nature of the crime in light of the substance of the crime, is not less than that of the crime, the lower court’s punishment is too uneasible and unreasonable.

B. In light of the fact that the Defendant committed all the crimes of this case, and thus, reflects on the depth of the mistake, the above sentence of the lower court is too unreasonable.

2. Determination

A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

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

In light of the above legal principles, the court below sentenced the above punishment to the defendant on the grounds of sentencing as stated in its holding. The circumstances alleged by the prosecutor and the defendant are deemed to have been fully considered when determining the punishment in the court below, and the new sentencing data that can change the sentence of the court below have not been submitted, as well as other factors of sentencing indicated in the records of this case, including the defendant's age, character and conduct, environment, criminal records, criminal records, motive, means and consequence of the crime, the circumstances after the crime were committed, the court below cannot be deemed to have judged that the punishment of the court below is appropriate, and it exceeded the reasonable scope of discretion because it is too weak or unreasonable.

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