All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below (one year of imprisonment) is too unhued and unfair.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. We also examine the judgment and the Defendant’s respective arguments on unreasonable sentencing.

If there is no change in the conditions of sentencing compared with 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 en banc Decision 2015Do3260 Decided July 23, 2015). The fact that the Defendant was sentenced to a suspended sentence for a violation of the Military Service Act and committed the instant crime during the suspended sentence period is disadvantageous to the Defendant.

However, in full view of all the sentencing conditions as shown in the records and arguments of this case including the Defendant’s age, character and conduct, environment, family relationship, motive, circumstance, means and consequence of the crime, etc., there is no circumstance that the sentence imposed by the lower court is deemed appropriate and that the lower court’s judgment exceeded the reasonable bounds of discretion, or it is unreasonable to maintain it as it is, in view of the following: (a) the Defendant has no criminal record other than the offense of violating the Military Service Act; and (b) the Defendant has no criminal record other than the offense of violating the above Military Service Act; and (c) and (d) the Defendant

Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible and unfair.

However, the prosecutor and the defendant's above assertion are without merit, since they cannot be deemed improper because they are too large as alleged by the defendant.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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.