All appeals by the defendant and the prosecutor are dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (a 13-year imprisonment, confiscation) is too heavy or unreasonable.

2. Determination

A. The sentencing guidelines established by the Sentencing Committee based on Articles 81-2 and 81-6 of the Act on the Organization of Courts for Sentencing (hereinafter “Sentencing guidelines”) are “reasonable, concrete, and objective setting” and “public disclosure” through the “procedures prescribed by the Act in order to realize “fair, objective sentencing”. Judges shall respect the selection of the types of punishment and the determination of the sentence (see Articles 81-2 through 81-12 of the Court Organization Act). In a case where a court intends to enter the grounds for sentencing in the written sentencing as a result of a judgment deviating from the sentencing guidelines, it shall enter the grounds in a way that it expresses the relevant sentencing in a reasonable and persuasive manner, taking into account the factors, effects, etc. of the sentencing guidelines (see, e.g., Supreme Court Decision 2010Do7410, Dec. 9, 2010).

(c)

When comprehensively considering the judgment of the court below and the propriety of the judgment of the court below and the facts that there are no apparent changes in the sentencing conditions as shown in the pleadings until the court below decided the situation and the trial of the party, the punishment of the defendant is too heavy or less severe within the scope of the recommended punishment according to the sentencing guidelines.

It is difficult to see it.

3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.