All appeals filed by the defendant and prosecutor are dismissed.

1. On November 15, 2018, after a defendant submitted a petition of appeal on November 15, 2018, the defendant did not submit the statement of grounds for appeal within the submission period for legitimate grounds for appeal even when he/she was served with the notification of the receipt of the trial records by this court. The petition of appeal does not contain any statement in the grounds for appeal

Therefore, a decision to dismiss the defendant's appeal in accordance with Article 361-4 (1) of the Criminal Procedure Act should be made, but since the prosecutor's appeal is dismissed by judgment as follows, the dismissal of appeal shall not be decided separately, and a decision shall be

2. Determination on the prosecutor’s appeal

A. The summary of the grounds for appeal (e.g., imprisonment without prison labor for 10 months, 2 years of suspended execution, 300 hours of probation, community service) of the lower court is deemed unreasonable.

B. Determination of sentencing is based on statutory penalty, based on a reasonable and appropriate scope of discretion that takes 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). The lower court, by fully taking account of the overall circumstances regarding the sentencing of the Defendant, sentence to a reasonable extent.