Defendant

All appeals by prosecutors are dismissed.

1. On the summary of the reasons for appeal (one year of imprisonment) by the court below, the defendant asserts that the defendant is too unfasible to the sentence, and the prosecutor is too unfased and unfair.

2. Where there is no change in the conditions of sentencing compared to 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, based on the circumstances stated in its reasoning, determined the sentence against the Defendant, and the circumstances asserted by the Defendant and the Prosecutor on the grounds of appeal are deemed to have been already considered in the course of sentencing in the lower court, and there is no new change in circumstances that could change the sentence of the lower court in the first instance court.

In addition, when comprehensively considering the sentencing conditions, such as the defendant's age, family relation, frequency of crimes, amount of damage, previous conviction relation (one time before and after the suspension of the same kind of probation in 1999), and the scope of the recommended punishment according to the sentencing guidelines as shown in the deliberation by the court below and the party concerned, the punishment sentenced by the court below shall not be deemed to be too heavy or unfair because it is too heavy.

3. Accordingly, 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.