Defendant

The appeal by the prosecutor is dismissed.

1. The summary of the grounds for appeal is that the lower court’s punishment (a prison term of eight months, confiscation) is too heavy or (a) it is too heavy or hulled.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the court below and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The court below determined a punishment in consideration of the favorable and unfavorable circumstances of the defendant, as stated in the grounds for the sentencing. The court below did not change the sentencing conditions of the court below because new materials for sentencing have not been submitted in the court below, and the court below did not change the sentencing conditions of the defendant due to the lack of any change in the defendant's age, sexual behavior, environment, family relationship, circumstance and result of the crime, etc., and all the conditions for sentencing as shown in the argument after the crime was committed. It

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit