All appeals filed by the defendant and prosecutor are dismissed.

1. The summary of the grounds for appeal (in both cases, 10 months of imprisonment and confiscation) imposed by the lower court (in both cases, 10 months of imprisonment and confiscation) is too weak or unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, there are no new special circumstances or changes in circumstances that could reflect the instant case in the sentencing of the Defendant after the pronouncement of the lower judgment, and no new circumstances or changes in circumstances are found to be reflected in the sentencing of the Defendant, and the lower court’s sentencing conditions, such as the Defendant’s age, character and conduct, and environment, compared with the reasons for sentencing of the lower judgment, do not seem to be too somewhat somewhat somewhat somewhat less than or too severe than the scope of reasonable discretion, and thus, the Defendant

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition

(Provided, That pursuant to Article 25 (1) of the Rules on Criminal Procedure, ex officio the application column of the judgment of the court below shall be corrected by adding "1. Confiscation Article 48 (1) 1 of the Criminal Act" to the applicable column of the statutes