All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. Considering that the crime of this case committed by the public prosecutor, knowing that the defendant was to be used in tort, was committed on condition of 3 million won, and the nature of the crime was very poor, and in fact, it seems that the above card was used for the Bosing crime and the damage was serious, etc., the punishment of the court below (three million won) is too unfluent and unfair.

B. In light of the fact that the Defendant committed the instant crime while recognizing the Defendant as committing the instant crime, it is against the Defendant’s depth of the mistake, and that the Defendant committed the instant crime while making it difficult to punish the physically disabled and the physically disabled under the age of 81 and the age of 61, while living, but did not receive the consideration, and that there is no same criminal history, the above sentence of the lower court is too unreasonable.

2. Determination

A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, 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, it is reasonable to respect it.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). B.

In light of the above legal principles, the court below sentenced the defendant to the above punishment on the grounds of sentencing as stated in its judgment. The prosecutor and the defendant appear to have been fully considered in the court below's sentencing, and the defendant did not submit new sentencing data that could change the sentence of the court below in the court below, as well as other factors revealed in the records and arguments of this case, including the defendant's age, character and conduct, environment and family relations, motive, means and consequence of the crime, circumstance after the crime, etc., the court below's punishment is judged to be appropriate, and it is too less or less severe.