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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the prosecutor (one year and eight months of imprisonment) is too unhued and unfair.
B. The sentence imposed by the lower court is too unreasonable.
2. The Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of direct determination, has a unique area for the determination of sentencing in the first instance court. As such, it is reasonable to respect the determination of sentencing in the case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, health class in the instant case appears to have been determined by fully considering all the circumstances, including the reasons for multiple sentencing asserted by the prosecutor and the Defendant, and the lower court recognized all the instant crimes in the instant case since the Defendant denied a part of the crimes at the lower court, but the lower court did not appear to have changed to the extent of changing the sentencing of the lower court, taking account of the following circumstances, such as the Defendant’s age, sex, environment, motive, circumstance, means and consequence of the crime, and the circumstances after the crime, etc., and the lower court’s reasonable discretion has exceeded or exceeded reasonable scope of discretion.
shall not be deemed to exist.
3. The conclusion is that the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure; however, in accordance with Article 25(1) of the Rules on Criminal Procedure, "(Defamation)" is deleted from "violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation)" in the reasoning of the judgment below; and "an aggravated punishment of repeated crimes" in the part of "Article 35 of the Criminal Act" in the application of the Act.