All appeals by the defendant and the prosecutor are dismissed.

1. The main point of the grounds for appeal is that the punishment (five million won in penalty) imposed by the court below is too heavy or unfluent.

2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared to the first instance court, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not differ from the first instance court’s judgment on the sole ground of the difference between the appellate court’s opinion and the lower court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, the lower court determined a punishment within a reasonable scope, taking into account the overall circumstances regarding the Defendant’s sentencing, and the lower court did not change the conditions of sentencing, as there is no reason to newly consider in the first instance court’s trial, and thus, it is reasonable to respect the sentencing of the lower court without any change in the conditions of sentencing.

Therefore, we cannot accept the argument that the sentencing of the defendant and the prosecutor is unfair.

3. The appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.