All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (one year and six months of imprisonment) is too unreasonable in light of the following: (a) Defendant recognized the crime from the investigation process to the court of the first instance; (b) he actively participated in the crime as a simple cash collection measure; and (c) elderly and health conditions are not good.

B. In light of the fact that the necessity of an excessive punishment for prosecutor Bosing and the need for the recovery of damage was not made at all, the sentence of the lower judgment (one year and six months of imprisonment) is too uneased and unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Examining the materials submitted at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the reasons for sentencing indicated in the records of this case, it cannot be deemed that the lower court’s sentencing is too heavy or is so fluent that it exceeded the reasonable scope of discretion.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of the appeals are dismissed. It is so decided as per Disposition.

[In a case where an appeal against a judgment of conviction is filed, the confirmation of a compensation order shall be interrupted even without an objection to the compensation order, the compensation order shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Litigation), but the accused did not state the grounds for appeal regarding the cited part of the compensation order among the judgment below, and even if ex officio examination does not reveal any grounds for cancelling or amending the above compensation order, the cited part of the judgment of the court below