Defendant

All appeals by prosecutors are dismissed.

1. The gist of the grounds for appeal is that the Defendant filed an appeal on the grounds that the lower court’s punishment (two years of imprisonment with prison labor for crimes No. 1 and 2 in the original judgment, and six months of imprisonment with prison labor for crimes No. 3 and No. 4 in the judgment) is too heavy.

2. Determination of sentencing is based on statutory penalty, discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting conditions for sentencing prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the judgment of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing in the course of the first instance sentencing review and the sentencing criteria, etc., or where it is deemed unfair to maintain the first instance sentencing as it is in full view of the materials newly discovered in the course of the appellate court’s sentencing review.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In full view of all the circumstances asserted as the grounds for appeal by the Defendant and the Prosecutor, the circumstances alleged as the grounds for appeal by the Defendant and the Prosecutor, and the materials submitted to the trial, there are no special circumstances to change the punishment determined by the lower court, and the lower court’s punishment is deemed too weak or unreasonable.

Therefore, the defendant and prosecutor's argument 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.