All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

(a) Prosecutor: The sentence of the lower court (two years of imprisonment) is too unhued and unreasonable;

B. Defendant: The lower court’s punishment is too unreasonable.

2. The determination of sentencing is based on the statutory penalty, based on the discretionary determination that takes place within a reasonable and appropriate scope by taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act, and there is a unique area of the first deliberation in our criminal litigation law taking the trial-oriented principle and the principle of directness.

In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of the discretion. Although the sentence of the first instance falls within the reasonable scope of the discretion, it is desirable to refrain from rendering a sentence that does not differ from the first instance court on the sole basis of the fact that the opinion of the appellate court is somewhat different from the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment within a reasonable scope by fully taking into account the overall circumstances concerning the sentencing of the Defendant, and even considering the circumstances asserted by the Defendant on the grounds of appeal, such as the recovery of damage, the lower court’s sentence is too harsh or unreasonable if imposed together by considering the circumstances asserted by the prosecutor on the grounds of appeal.

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