All appeals by the defendant and the prosecutor are dismissed.

1. The main point of the appeal is that the lower court’s punishment (one year and two months of imprisonment) is too heavy or (the Defendant) is too heavy.

2. The determination of sentencing is based on the statutory penalty, based on the discretionary determination that takes place within a reasonable and appropriate scope by taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act, and there is a unique area of the first deliberation in our criminal litigation law taking the trial-oriented principle and the principle of directness.

In addition, considering these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of the discretion. Although the sentence of the first instance falls within the reasonable scope of the discretion of the appellate court, it is desirable to refrain from rendering a sentence that does not differ from the first instance court on the sole basis of the difference between the opinions of the appellate court and the judgment of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court appears to have determined the sentence by comprehensively considering the favorable circumstances and unfavorable circumstances of the Defendant as stated in its holding, and to have high risk of repeating the crime, including the fact that the circumstances alleged by the prosecutor on the grounds of appeal, such as the fact that the sentence of the first instance falls within the reasonable scope of the discretion of the appellate court, and the fact that the Defendant did not participate in the process of distribution are already reflected in the sentencing.

There is no special change in circumstances that can change the punishment of the court below for the first time.

The defendant's age, sex behavior, environment, family relationship, health status, records of crime, attitude in investigation agencies and courts, the nature of crime, motive, means and results of crime, and the circumstances after the crime, etc. are discussed in the original judgment and the arguments of the party.