All appeals by the defendant and the prosecutor are dismissed.

Summary of Reasons for appeal

A. The sentence of the lower court against the Defendant (one year and two months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

In our criminal litigation law, which takes the principle of trial-oriented and directness, there exists a unique area of the first instance court’s 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 account of the circumstances favorable to the Defendant and the unfavorable circumstances, and there is no change in the special conditions of sentencing that could change the sentence of the lower court in the final trial.

In full view of various circumstances, including the Defendant’s age, sex, environment, family relationship, health status, criminal history and contents thereof, attitude in an investigation agency and court, nature of a crime, motive, means and consequence of a crime, and the circumstances after the crime, etc., the lower court’s punishment against the Defendant is heavy or unbrupted to exceed the reasonable scope of its discretion, and thus, cannot be deemed unfair.

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