The appeal by prosecutor and defendant shall be dismissed.

A public prosecutor appealed to the lower court’s punishment (ten months of imprisonment), and the Defendant is harsh.

The appeal was lodged.

If there is no change in the conditions of sentencing compared to 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). No change in the conditions of sentencing exists in comparison with the lower court due to the failure to submit new materials for sentencing at the trial court. In full view of the reasons revealed in the proceedings of the instant case, the lower court’s sentencing was too weak or uneasible, thereby exceeding the reasonable scope of discretion.

It does not appear.

The improper argument of sentencing of prosecutor and defendant is without merit.

The appeal by the prosecutor and the defendant shall be dismissed as without merit.