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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (four months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court on the sole ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does
(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the original judgment, as the materials for new sentencing have not been submitted at the time of examination and examination in accordance with the aforementioned legal doctrine. In full view of all the sentencing grounds stated by the lower court, it is not recognized that the lower court’s sentencing is too heavy or is so fed so far as it exceeds the reasonable scope of discretion.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.
(However, in the judgment of the court below, it is clear that the "competence" in the third sentence is a clerical error in the "competing line", and that the "the fact that a fine of two million won is sentenced" in the second sentence is a clerical error in the "the fact that a summary order of a fine of two million won is issued", and therefore, it is corrected that it is corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.