All appeals by the defendant and the prosecutor are dismissed.

1. The defendant asserts that the reason for appeal is too unreasonable because of the punishment sentenced by the court below (4 months of imprisonment), and the prosecutor asserts that it is too unfied and unfair.

2. In a case 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, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, under favorable circumstances to the Defendant, determined the Defendant’s punishment by taking into account the following circumstances: (i) the Defendant appears to have committed the instant facts charged; (ii) the Defendant disposed of the vehicle driving; (iii) the Defendant was subject to criminal punishment on several occasions due to driving without a license (three times a punishment, three times a suspended sentence, one time a suspended sentence), and (iv) the Defendant was not aware of the fact that the Defendant committed the instant crime without being aware of the suspension period due to the violation of the Road Traffic Act (driving driving); and (iii) the Defendant’s age, character, family environment, and other various circumstances indicated in the record.

As above, the sentencing of the court below appears to have been conducted within the reasonable scope of discretion by fully taking into account the above conditions of the sentencing, and there is no change in the sentencing condition that can be deemed unfair to maintain the judgment of the court below as it is. Thus, it is not recognized that the sentence of the court below is too heavy or unreasonable.

Therefore, the above assertion by the defendant and the prosecutor is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.