Defendant

All appeals by prosecutors are dismissed.

1. On the summary of the reasons for appeal (six months of imprisonment) by the court below, the defendant asserts that the defendant is too uneasy and the prosecutor is too uneasy and unfair.

2. Where 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). The lower court, as indicated in its reasoning, determined the Defendant’s punishment by comprehensively taking into account the favorable circumstances and unfavorable circumstances for the Defendant.

Defendant

In addition, each circumstance alleged by the prosecutor on the grounds of appeal seems to have already been considered in the sentencing process of the court below, and there is no new change in circumstances that could change the sentence of the court below in the trial.

When comprehensively considering the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, and the scope of the recommended punishment according to the sentencing guidelines as shown in the deliberation by the court below and the party concerned, it cannot be deemed that the sentence of the court below is excessive, too heavy, or unfair because it is too heavy.

3. According to the conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.