All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant asserted misunderstanding of facts and misunderstanding of legal principles in addition to unreasonable sentencing as the initial grounds for appeal, and withdrawn this. After which, the newly appointed defense counsel asserted misunderstanding of facts and misunderstanding of legal principles as the grounds for appeal.

However, the grounds for appeal can not be legitimate grounds for appeal since they were filed after the deadline for submitting the grounds for appeal has expired, and the judgment of the court below cannot be examined to find ex officio grounds for appeal.

The sentence of the lower court (three years of suspended sentence for two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. The relevant legal doctrine is an unreasonable sentencing case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria that are the conditions of the sentencing as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the court below.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

We examine whether the sentence of the lower judgment, which returned to the instant case, is too heavy or too unreasonable in light of the substance of the specific case.

The lower court’s age, character and behavior, health condition, environment, motive, background, means and consequence of the crime, including the circumstances favorable to and unfavorable to the Defendant in sentencing, as well as the circumstances favorable to the Defendant.