All appeals by the defendant and the prosecutor are dismissed.

An applicant for compensation shall be dismissed.

1. Summary of grounds for appeal;

A. The sentencing of the judgment of the court below (3 years and six months of imprisonment) is too unreasonable.

B. The lower judgment’s sentencing against the Defendant by the Prosecutor is too uncomfortable.

2. The sentencing on the basis of a statutory penalty is a discretionary judgment that takes into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act within a reasonable and appropriate scope, on the basis of the statutory penalty.

However, considering the unique area of sentencing in the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction in our criminal litigation law and the nature of the ex post facto review of the appellate court, the first instance sentencing judgment exceeded the reasonable scope of discretion when comprehensively considering the factors and sentencing criteria in the course of the first instance sentencing trial.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

Unless there exist such exceptional circumstances, it is desirable to respect the sentencing of the first instance trial (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court rendered the above sentence to the Defendant with due regard to the sentencing stated in its reasoning. The lower court determined the sentencing of the Defendant on the grounds of appeal, including the period and frequency of the instant crime, the method of the crime, the scale of damage and the degree of damage recovery, the relationship between the Defendant and the victims, and the circumstances cited by the Defendant on the grounds of appeal, and the fact that the Defendant voluntarily surrenders and reflects the instant crime; the actual amount of damage is less than the amount of the defrauded of the crime; the Defendant’s character and conduct, family relations, etc., by paying a part of the amount to the victims during the course of the crime; and the Defendant’s personality

In other words, it is new in the trial.