All appeals by the defendant and the prosecutor are dismissed.

1. As to the summary of the grounds for appeal (unfair sentencing) by the lower court, the Defendant asserts that the Defendant is too unfasible, and that the prosecutor is too unfasible and unfair.

2. Determination

A. Based on the statutory penalty, the sentencing is determined within a reasonable and appropriate scope by comprehensively taking into account the factors constituting the conditions for sentencing as stipulated in Article 51 of the Criminal Act, based on which our criminal litigation law, which takes the trial-oriented principle and the principle of directness, has a unique area for the first deliberation of sentencing.

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 in the first instance does not deviate from the reasonable scope of the discretion. Although the sentence of sentencing in the first instance falls within the reasonable scope of the discretion, it is desirable to refrain from rendering a sentence that differs from the first instance court on the sole basis of the difference between the appellate court’s opinion and the lower court’s opinion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) In this case, the lower court did not change the sentencing conditions compared with the lower court’s submission of new materials to reverse the sentencing in the instant case, and there is no other change in the sentencing conditions compared with the lower court’s age, sex, environment, motive, means, and circumstances after the crime, etc., in full view of all the records and arguments in the instant case.

It does not appear.

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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.