Defendant

All appeals by prosecutors are dismissed.

1. The summary of the grounds for appeal (e.g., e., misappropriation) asserts that the Defendant is so unreasonable that the lower court’s imprisonment is too unreasonable, and that the prosecutor asserts that the lower court’s punishment is too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared with 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). There is no particular change in circumstances that may be considered in sentencing following the lower judgment.

In full view of the following circumstances: (a) the Defendant compensates the victim for the entire amount of damage and agreed that the victim does not want the punishment of the Defendant; (b) the Defendant has been sentenced one or more times to suspend the execution of imprisonment with prison labor for a crime; (c) the Defendant has been sentenced to a large number of fines; and (d) equity with the case where the judgment of the lower court became final and conclusive simultaneously with the crime in the judgment; and (c) other conditions of sentencing as indicated in the records and pleadings, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) circumstances after the crime

Therefore, the defendant and prosecutor's argument cannot be accepted.

3. In conclusion, 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.