Defendant

All appeals by prosecutors are dismissed.

1. Summary of the grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. In a case where 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). However, the lower court’s sentencing is deemed appropriate in light of the following: (a) there is no change in the conditions of sentencing compared to the lower court as the materials for new sentencing have not been submitted in the trial; and (b) comprehensively considering the following circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) the Defendant’s age, character and conduct, motive, means and consequence of the crime; and

No discretion shall be deemed to deviate from the reasonable scope of discretion due to or without a large scale.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. As such, the appeal 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.