All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

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

2. Determination

A. According to our criminal litigation law, which takes the principle of trial-oriented and directness, there exists an area unique to the first deliberation in relation to sentencing, and in light of the ex post facto nature of the appellate court, etc., it is reasonable to respect the first deliberation in cases where there is no change in the conditions of sentencing compared to the first trial, and the first deliberation sentencing does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) The Defendant was a person with three-time experience in gambling-related crimes, who was subject to three-time punishment for the victim, thereby threatening the victim by threatening him/her to establish the gambling place, and the nature of such crime is not good.

In particular, the Defendant committed the instant crime without being able to do so during the period of repeated crime.

In light of these circumstances, it is necessary to strictly punish the accused.

However, the above circumstances were already launched in the hearing process of the court below, and there is no special change in circumstances that could change the sentence of the court below after the decision of the court below, the defendant's erroneous recognition and reflects against the defendant, the agreement with the victim, the defendant's family members want to dismiss the defendant's wife, and the defendant's age, sexual behavior, environment, family relationship, and all the other conditions of sentencing as shown in the records and changes of the case, such as the circumstances after the crime were committed, it does not seem that the sentence of the court below is too weak or unreasonable.

Therefore, the argument that the sentencing of the prosecutor and the defendant is unfair is rejected.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25 of the Rules on Criminal Procedure).