Defendant

All appeals by prosecutors are dismissed.

1. The summary of the grounds for appeal (a two-month imprisonment) by the court below is too heavy or 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment within a reasonable scope by fully taking into account the overall circumstances regarding the sentencing, including the frequency and amount of the crime, the amount of damage, the victims excluding the victim W, and the fact that the crime was committed during the same repeated offense period, etc., and there is no circumstance to newly consider in the first instance court. In full view of the various circumstances, the lower court’s sentencing conditions that are the conditions for the sentencing specified in the lower court’s sentencing trial process, such as the motive, means, and consequence of the crime, and the circumstances after the crime, cannot be deemed to be too weak or beyond the reasonable scope of discretion.

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

3. As such, the appeal 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.