All appeals by the defendant and the prosecutor are dismissed.

The main point of the appeal is that the court below's punishment (one year of imprisonment) is too heavy or (the defendant) is too heavy.

Judgment

The Criminal Procedure Act of Korea, which takes the principle of trial-oriented and directness, has a unique area for the determination of sentencing, there is no change in the conditions of sentencing compared to the first instance court, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence by comprehensively taking into account the circumstances favorable to the Defendant as stated in its reasoning, comprehensively taking into account the circumstances favorable to the Defendant, including the fact that the Defendant recognized and reflected the instant crime, the circumstance leading up to the instant crime, etc., the damage of the victimized company and the circumstances alleged by the Prosecutor on the grounds of appeal, such as the fact that the damage was very large and has not been recovered at all, were already reflected in the sentencing process of the lower court, and there is no change in the special conditions that could change the sentence of the lower court in the trial.

In full view of the above circumstances, comprehensively taking into account the Defendant’s age, occupation, sex, environment, family relationship, health status, attitude at an investigation agency and court, nature of a crime, motive, means and consequence of a crime, etc., as well as the circumstances after the crime, the lower court’s punishment against the Defendant is too heavy or unbrupt and unreasonable as it goes beyond the reasonable scope of its discretion.

In conclusion, since each appeal of this case by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.