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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s punishment (for 4 months of imprisonment, and 200,000 won for additional collection) is too heavy.
B. The Prosecutor’s sentence is too minor.
2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the first instance court, if the first instance court did not change the conditions of sentencing, and if 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 reasonable to refrain from rendering a sentence that does not differ from the first instance court on the sole ground of the difference between the opinion of the appellate court and the opinion of the appellate court (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal principles, there is no change in the conditions of sentencing compared with the original court on the ground that the new sentencing data was not submitted in the first instance court, and in full view of all the reasons for sentencing as explained by the lower court, the sentencing of the lower court was too heavy or unhued, thereby exceeding the reasonable scope of discretion.
shall not be deemed to exist.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.