Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight years of imprisonment, etc.) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The determination of sentencing is based on statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The lower court, as stated in its reasoning, has determined a punishment by fully taking into account the various circumstances as set forth in its reasoning, and there is no special change of circumstances that may be assessed differently from the conditions of the sentencing of the lower court until the trial is in question.

In addition, taking into account all the sentencing conditions as shown in the argument of the instant case, such as the character, conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, and the scope of recommended sentences according to the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s sentence is too heavy or light, beyond the reasonable scope of discretion.

shall not be deemed to exist.

Therefore, the defendant and prosecutor's argument of sentencing is without merit.

3. Conclusion, Defendant .