Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (the first crime in the original judgment: the fine of 300,000 won, and the second or fifth crime in the decision of the court below: imprisonment of one year and eight months) is too unreasonable.

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

2. In a case 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). A new sentencing data is not submitted in the trial, and there is no change in the sentencing conditions compared to the original judgment. The grounds for sentencing asserted by the Defendant and the Prosecutor seem to be the circumstances that the lower court has already considered in determining the punishment.

In addition to such circumstances, comprehensively taking account of the following factors: (a) the victim V’s damage was partially recovered at the investigation stage; (b) the Defendant’s health is not good; and (c) the Defendant’s age, character and conduct, environment, the process and motive leading to the instant crime; and (d) the circumstances before and after the instant crime, the lower court’s punishment cannot be deemed as excessively heavy or light to exceed the reasonable limit of discretion.

3. The appeal filed by the Defendant and the prosecutor in conclusion 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.