The appeal filed by a prosecutor and the defendant and the person requested to attach an attachment order shall be dismissed.

1. Summary of grounds for appeal;

A. The prosecutor’s sentence (one-year imprisonment, etc.) of the lower court is too unhued and unreasonable.

The dismissal of the request for attachment order by the court below is unjust.

B. The sentence of the lower court to the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.

2. We examine the judgment on the part of the Defendant’s case and the Defendant’s assertion of unreasonable sentencing.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act within a reasonable and appropriate range.

However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the sentencing of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing specified in the process of the first instance sentencing review and the sentencing criteria, or where it is deemed unfair to maintain the first instance sentencing judgment in full view of the materials newly discovered in the course of the appellate court’s sentencing review, etc.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.

(2) The lower court, based on its stated reasoning, sentenced the Defendant to the aforementioned punishment on July 23, 2015. The lower court, based on its stated reasoning, determined that: (a) the Defendant, among the circumstances cited as the grounds for appeal, recognized the Defendant’s mistake and against himself/herself; (b) the Defendant agreed with the victim; (c) the Defendant did not have any criminal record; and (d) the Defendant was extremely poor in the nature of the Defendant’s crime in light of the time of the instant crime, the period of the crime, and the degree of damage among the circumstances cited by the Prosecutor as the grounds for appeal.