All appeals filed by the defendant and prosecutor are dismissed.

1. Scope of the judgment of this court;

A. The lower court acquitted the Defendant on the violation of the Punishment of Violences, etc. Act among the facts charged in the instant case, and acquitted the Defendant on the damage of property to the masse, and convicted all the remainder of the facts charged.

B. As to this, the Defendant and the prosecutor appealed on the part convicted by the lower court on the grounds of unfair sentencing, and did not appeal both the Defendant and the prosecutor.

In such cases, the part regarding the violation of the Punishment of Violences, etc. Act (hereinafter referred to as the “compacting person”) in which both parties did not appeal is separately determined (see, e.g., Supreme Court en banc Decision 91Do1402, Jan. 21, 1992).

C. Next, the part of the acquittal on the ground of the damage and damage to property of the above height based on the principle of no appeal in accordance with the principle of no appeal, shall be judged by the appellate court. However, the part of the acquittal on the ground above is already separated from the object of an attack and defense between the parties, and thus, this part cannot be judged again

(See Supreme Court Decision 2004Do5014 Decided October 28, 2004, etc.). Accordingly, the lower court’s conclusion as to the part of acquittal on the ground of causing property damage to an ancient family, as it is, shall be followed, and the court shall not render a separate judgment.

2. Summary of grounds for appeal (unfair sentencing)

A. The sentence of the lower court (three years of imprisonment with prison labor for two years) is too unreasonable.

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

3. The lower court determined the Defendant’s punishment by taking into account the favorable and unfavorable circumstances to the Defendant.

In full view of all the circumstances that serve as conditions for sentencing in this court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there is no special change in circumstances that may change the sentence of the court below.

(2).