All appeals filed by the defendant and prosecutor are dismissed.

An application filed by an applicant for compensation shall be dismissed.

1. Summary of grounds for appeal (unfair sentencing)

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court. In full view of the factors revealed in the instant pleadings, the lower court’s sentencing is too heavy or is so unfluent that it exceeded the reasonable scope of discretion.

3. An application for a compensation order filed by an applicant for compensation in a judgment may be filed in the court in which the case is pending before the pleadings in the first instance or the second instance are concluded; and

(Article 26(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. According to the records of this case, an applicant for compensation can recognize the fact that he/she applied for a compensation order after the closing of argument in this case (the date of application for compensation order is the same date as the date of the closure of argument in this case but is time after the closing of argument). The

4. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act, and the application filed by the applicant for compensation is inappropriate, and thus, the application is dismissed under Article 32(1)1 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.