All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of five million won) is too unreasonable.

B. The Prosecutor’s original sentence is too uneasible and unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the sentencing determination 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 first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant committed the instant crime even during the period of suspended execution.

The defendant was unable to reach an agreement with the victim.

However, the defendant's spouse who died on May 2020 and the defendant alone must support two minor children.

There is no change in the circumstances that may change the punishment of the court below in the trial.

Considering the above circumstances as well as the Defendant’s character, conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable because it goes beyond the reasonable scope of discretion.

3. Accordingly, the appeal filed by the Defendant and the prosecutor is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.