All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

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

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Determination

A. In light of the fact that the sentencing based on the statutory penalty is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the matters that are the conditions for sentencing under Article 51 of the Criminal Act based on the statutory penalty, and the fact that the sentencing of the first instance court does not change the conditions of sentencing compared with the first instance court, and that the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court and to refrain from imposing a sentence that does not differ from the first instance court on the grounds that

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

In full view of the factors that are favorable to the sentencing of the instant case, including the health team, the fact that the Defendant recognized the instant crime and reflects it, and the method of the instant crime, the amount of damage, etc., and the fact that the Defendant did not reach an agreement with the victim, and the Defendant was under criminal punishment several times due to the same crime, and committed the instant crime, as well as the factors unfavorable to the sentencing, including the Defendant’s age, character and behavior, the environment, the circumstances of the instant crime, and the circumstances after the commission of the crime, etc., the lower court’s sentencing is too heavy or unbrupted to exceed the reasonable scope of discretion. Thus, the Defendant and the prosecutor’s assertion are without merit.

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