All appeals filed by the defendant and prosecutor are dismissed.

1. As to the summary of the grounds for appeal, the defendant asserts that the sentence of imprisonment (one year and six months of imprisonment and two years of suspended execution, etc.) by the court below is too unreasonable, and the prosecutor asserts that it is too 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.

The sentence of the lower court, which returned to the instant case, is too heavy in light of the substance of the specific case, or is too unreasonable.

1) The crime of this case is very bad that the defendant is punished by imprisonment with prison labor for not less than one year but not more than ten years for the purpose of committing the crime of kidnapping with the intent of discovering the victim who was locked at the bus stops and having sexual intercourse (Article 288(1) of the Criminal Act provides that the crime of kidnapping with the intent of sexual intercourse shall be punished by imprisonment with prison labor for not less than one year and not more than ten years.

A) The victim appears to have suffered a considerable mental pain due to the instant crime. The Defendant denied the crime by the third trial date of the lower court, while the victim stated at the time of the crime as “the police will be reported.” However, there is no special disability.