Defendant

All appeals by prosecutors are dismissed.

1. On the summary of the grounds for appeal, the defendant asserts that the defendant is too unfasible to the punishment sentenced by the court below (ten months of imprisonment), and that the prosecutor is too unfased and unfair.

2. 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, as indicated in its reasoning, determined the Defendant’s punishment by comprehensively taking into account the favorable circumstances and unfavorable circumstances for the Defendant.

Defendant

In addition, the circumstances alleged by the prosecutor on the grounds of appeal are deemed to have already been considered in the sentencing process of the court below, and there is no new change in circumstances that could change the sentence of the court below in the trial.

When comprehensively considering the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, and the scope of the recommended punishment according to the sentencing guidelines as revealed in the deliberation by the lower court and the party concerned, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable because it goes beyond the reasonable scope of discretion.

3. According to the conclusion, 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.