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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment (two million won of a fine) imposed by the lower court is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
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 it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared to the lower court’s failure to submit new sentencing data in the trial, and the circumstances alleged by the Defendant and the prosecutor on the grounds of unfair sentencing are deemed to have already been reflected in the grounds for sentencing by the lower court. In full view of the following: (a) the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence of the offense; and (b) other various circumstances that form the conditions for sentencing as indicated in the instant records and arguments, such as the circumstances after the offense, etc., the lower court’s sentencing does not seem to be unreasonable because it is excessively excessive or frighten
3. In conclusion, the appeal filed 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.