All appeals filed by the defendant and prosecutor are dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, two hours of community service order, 120 hours of community service order, and 40 hours of order to attend a compliance driving lecture) is too heavy or unreasonable.

2. In light of the fact that the sentencing on the basis of the statutory penalty is a discretionary judgment made within a reasonable and reasonable scope, taking into account the factors attached to the sentencing prescribed in Article 51 of the Criminal Act, based on the statutory penalty, and the fact that the sentencing of the first instance court does not change the conditions of sentencing compared with 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 in a case where the first instance court does not change the conditions of sentencing, and it is desirable to refrain from imposing a sentence that does not differ from the first instance court on the ground that the difference between the view of the appellate court and the opinion of the appellate court

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court’s sentencing appears to have been determined by fully considering the various favorable circumstances in favor of the Defendant. No special circumstance may be found to change the sentencing after the lower judgment. Examining the Defendant’s age, character and conduct, environment, background of the crime, circumstances after the crime, and various conditions of sentencing specified in the records and pleadings of the instant case, including the criminal defendant’s age, character and conduct, circumstances after the crime was committed, and criminal records, the lower court’s punishment against the Defendant is too excessive or too unreasonable to the extent that it is deemed that the Defendant exceeded the reasonable scope of discretion.

3. If so, the appeal by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.