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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
With respect to the summary of the grounds for appeal (unfair punishment) by the court below, the defendant asserts that the defendant is too unafford, and the prosecutor is too unafford and unfair.
Judgment
The grounds for appeal by the defendant and the prosecutor are also examined.
It is reasonable to respect the sentencing of the first instance court in cases where there is no change in 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, and to refrain from rendering a sentence that does not differ from the first instance court solely on the ground that the sentencing of the first instance court falls within the reasonable scope of discretion, although the sentence of the first instance court falls within the scope of discretion.
(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined by comprehensively taking account of the circumstances favorable to and unfavorable to the Defendant.
Although the Defendant is in profoundly against the Defendant’s mistake, this has already been reflected in the sentencing of the lower court, and there is no change in circumstances that change the sentence of the lower court.
Therefore, it is difficult to evaluate that there was a change in the sentencing conditions in the time of the trial, and taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other various sentencing conditions indicated in the record, such as the circumstances after the crime, etc., the lower court’s sentencing is too heavy or it does not seem to have exceeded the reasonable scope of discretion.
The defendant and prosecutor's assertion are without merit.
Therefore, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.