All appeals by the defendant and the prosecutor are dismissed.

The main point of the appeal is that the court below's punishment (four months of imprisonment) is too heavy or (the defendant) is too heavy.

Judgment

The Criminal Procedure Act of Korea, which takes the principle of trial-oriented and directness, exists in the area unique to the first instance judgment regarding sentencing, there is no change in the conditions of sentencing compared to the first instance judgment, and where the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The lower court determined the punishment by comprehensively taking account of the circumstances favorable to the Defendant and unfavorable circumstances, including the fact that the Defendant recognized the instant crime and against whom the damage was not recovered most, and the circumstances alleged by the prosecutor on the grounds of appeal are also deemed already reflected in the lower court’s sentencing process, and there is no change in the special sentencing condition that could change the sentence of the lower court at the time of the first instance trial.

In full view of various circumstances, such as the Defendant’s age, occupation, sex, environment, family relation, health status, crime history and contents in an investigation agency and court, attitude in an investigation agency and court, nature of a crime, motive, means and consequence of a crime, and circumstances after a crime, etc., the lower court’s punishment against the Defendant is too heavy or unreasonable as it goes beyond the reasonable scope of its discretion.

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