All appeals by the defendant and the prosecutor are dismissed.

1. The sentence of the court below against the defendant on the summary of the grounds for appeal (4 months of imprisonment) is too hot or is too hot (the defendant).

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

In a case where there is no change in the conditions of sentencing compared to the original judgment, and where the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The lower court, as indicated in its reasoning, determined the sentence against the Defendant by comprehensively taking into account the circumstances favorable to the Defendant and unfavorable circumstances

The circumstances alleged by the Defendant on the grounds of appeal (such as the family situation and health condition of the Defendant, the victims’ repayment and punishment are not sufficient, and the prevention of recurrence is not possible) and the circumstances cited by the Prosecutor (such as the fact that the Defendant’s refusal of the crime is a relatively large amount of confession and the amount of damage that should reach the trial while denying the crime consistently with the investigation agency) are considered as having already been taken into account in the course of sentencing in the lower court.

B. There is no new change in circumstances to change the sentence of the lower court in the first instance court.

When comprehensively taking into account the conditions of sentencing, such as the character, conduct, environment, motive, means and consequence of the crime, etc., as shown in the deliberation by the court below and the party concerned, the sentence of the court below cannot be deemed to be too heavy or unfair as it goes beyond the reasonable scope of discretion.

The argument that the sentencing of the defendant and the prosecutor is unfair is all rejected.

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