Defendant

All appeals by prosecutors are dismissed.

1. The summary of the grounds for appeal asserts that the defendant is too unaffortable due to the court below's punishment (ten years of imprisonment with prison labor) and that the prosecutor asserts that the court below's punishment is too unaffortable and unfair.

2. In light of the fact that the sentencing on the basis of the statutory penalty is a discretionary judgment made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing under Article 51 of the Criminal Act, based on the statutory penalty, and the fact that the sentencing conditions are not changed after the appellate court’s ex post facto heart nature, etc., it is reasonable to respect the sentencing in the event that the first instance sentencing does not deviate from the reasonable scope of the discretion. Although the first instance sentencing is within the reasonable scope of the discretion, it is desirable to reverse the first instance judgment on the ground that the difference between the appellate court’s opinion and the appellate court’s sentencing is somewhat different from the appellate court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, the lower court determined the Defendant, taking into account all the circumstances prescribed in Article 51 of the Criminal Act, which are favorable or unfavorable to the Defendant, and the lower court did not have any special change in the sentencing scope or exceeded the reasonable scope of the sentencing.

Therefore, the defendant and prosecutor's argument of sentencing 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.