All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. In light of the following: (a) the Defendant committed the instant crime, which was denied by the lower court as a first offender with no criminal power at all; (b) committed the instant crime; and (c) took into account the circumstances that led to the commission of the crime; and (d) the Defendant’s punishment (two years of imprisonment, 40 hours of order to complete education, and 6 hours of restriction on employment) is too unreasonable.

B. In light of the content of the instant crime committed by the prosecutor and the nature of the victim in light of the mental and physical pain, and no effort has been made to recover damage, and the victim is shotling the Defendant, the above sentence of the lower court is rather unreasonable.

2. Determination

A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, where there is no change in the conditions of sentencing compared to 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 Decision 2015Do3260 Decided July 23, 2015). B.

In light of the above legal principles, the court below sentenced the defendant to the above sentence on the grounds of sentencing as stated in its holding. The circumstances alleged by the defendant and the prosecutor are deemed to have been fully considered when determining the punishment in the court below, and there are no new sentencing data that could change the sentence of the court below, except for all the facts denied by the defendant at the court below, other factors such as the defendant's age, character, character, environment, criminal record relationship, motive, means and consequence of the crime, and the circumstances after the crime are considered, the court below's punishment against the defendant is too heavy or too heavy.