Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (unfair imprisonment with labor for ten months) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the circumstances alleged by the Health Center, the Defendant, and the Prosecutor as an element of sentencing were already revealed in the hearing process of the lower court and sufficiently considered. There was no particular change in the situation regarding the factors of sentencing after the lower judgment was rendered.

In addition, considering the various sentencing conditions shown in the records and arguments of this case, the sentencing of the court below is too heavy or unreasonable as it was conducted within the reasonable scope of discretion, and thus, it is reasonable to respect them.

Therefore, we do not accept the argument of unfair sentencing by the defendant and prosecutor.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit.