All appeals filed by the defendant and prosecutor are dismissed.

1. According to the judgment on the Defendant’s appeal (in the instant case’s record, the Defendant did not submit the appellate brief within the lawful period for submission of the appellate brief despite being served with the notification of the receipt of the notification of the trial records on September 18, 2019; the Defendant did not submit the appellate brief; the petition of appeal does not contain any grounds for appeal; and further, even if examining the record, the grounds for ex officio

Therefore, the decision to dismiss the defendant's appeal in accordance with Article 361-4 (1) of the Criminal Procedure Act should be made, but as long as the prosecutor's appeal has rendered a judgment on the appeal, the decision to dismiss the defendant's appeal should not be made separately and the

2. Determination on the prosecutor’s appeal

A. The summary of the grounds for appeal (hereinafter referred to as 3,00,000 won of fine) declared by the court below is too unhued and unreasonable.

B. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, there is no particular change in the sentencing conditions compared to the lower court, and even if the grounds for sentencing as indicated in the instant records and pleadings are considered again, the lower court’s sentence is too unfasible, thereby exceeding the reasonable scope of discretion.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit, and the defendant's appeal shall be dismissed by decision pursuant to Article 361-4 (1) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is dismissed. However, as long as it is decided as above on the prosecutor's appeal, the prosecutor's appeal shall not separately dismiss