All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

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

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the lower court’s failure to submit new materials for sentencing at the time of examination and examination in accordance with the foregoing. In full view of all of the reasons for sentencing as stated by the lower court, it is not recognized that the lower court’s sentencing is too heavy or is fluent, thereby exceeding the reasonable scope of discretion.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, since it is apparent that the item of "Suspension of Execution" in the application of the law of the original judgment is erroneous, it shall be corrected to delete it ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure.