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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
With respect to the summary of the grounds for appeal (e.g., a fine of two million won) by the lower court, the Defendant asserts that the Defendant is too unfasible, and that the prosecutor is too unfased and unreasonable.
Judgment
The grounds for appeal by the defendant and the prosecutor are also examined.
It is reasonable to respect the sentencing of the first instance court in cases 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, and to refrain from rendering a sentence that does not differ from the first instance court solely on the ground that the sentencing of the first instance court falls within the reasonable scope of discretion, although the sentence of the first instance court falls within the scope of discretion.
(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined a sentence by comprehensively taking account of all the favorable circumstances and unfavorable circumstances for the Defendant, and there is no particular change of circumstances in matters that are conditions for sentencing after the lower judgment was sentenced.
In addition to the fact that the Defendant’s family members, branch members, and some of the members want to take a preference against the Defendant, etc., and the court below’s overall sentencing factors as shown in the instant pleadings, such as the circumstances, age, character and conduct and environment of the Defendant, motive of the crime, and circumstances after the crime, etc., do not seem to have exceeded the reasonable scope of discretion because the lower court’s sentencing is too heavy or unfeasible.
The defendant and prosecutor's assertion are without merit.
Therefore, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.