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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Improper sentencing of the Defendant - The lower court’s punishment is too heavy.
B. Prosecutor’s improper sentencing - The lower court’s punishment is too minor.
2. We examine each of the Defendant and the Prosecutor’s arguments below judgment.
The circumstances alleged by the prosecutor as an unfavorable factor in sentencing in the trial of the political party and the circumstances alleged by the defendant as an favorable factor in the trial of the political party were revealed in the oral proceedings of the court below, and there is no change of circumstances in relation to the matters that are the conditions for sentencing after the decision of the court below
In addition, in full view of the grounds for sentencing as cited by the court below and all other factors of sentencing as shown in the records of this case, including the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentencing of the court below is too somewhat somewhat less or less than the reasonable scope of discretion in the court's determination of the sentencing.
shall not be deemed to exist.
Therefore, each of the improper sentencing of the prosecutor and the defendant is rejected.
3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.