Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The defendant (e.g., imprisonment without prison labor)'s punishment (e., one year and four months) of the court below is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. The determination of sentencing is based on the statutory penalty, with a discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on which our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area of the first instance trial regarding the

In addition, considering these circumstances and the ex post facto nature of the appellate court, it is reasonable to respect the sentencing conditions 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 court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, even though the sentence of the first instance court is somewhat different from the opinion of the appellate court,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change of circumstances that may be considered in sentencing following the lower judgment. Examining the records and arguments in this case and the sentencing conditions indicated in the lower judgment compared with the sentencing grounds of the lower judgment, the lower court’s sentence is too heavy or unreasonable in view of the circumstances asserted by the Defendant and the Prosecutor as the grounds for appeal.

Defendant

All of the prosecutor's arguments are not accepted.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.