All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

A. The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

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

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court with respect to the determination of sentencing. As such, in a case where 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). Based on the foregoing legal doctrine, the Defendant recognized each fraud as stated in Paragraph (1) of the crime committed in the judgment of the lower court on the basis of the foregoing legal doctrine, while this does not appear to have been changed to the extent to change the sentencing of the lower court, and other circumstances alleged by the Defendant and the prosecutor on the grounds of unfair sentencing are deemed to have already been reflected in the grounds for sentencing, and the new sentencing was not submitted at the trial of the lower court, and other various sentencing conditions indicated in the argument of the instant case, such as Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., are considered to have been too heavy or unhued so far as the sentencing of the lower court is deemed to have exceeded the reasonable scope of discretion.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.