All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the court below (one year of imprisonment) is too unreasonable in light of the fact that the defendant reflects the crime of this case, is a person with a disability of Grade 3 with intellectual disability, and is under economic circumstances.

B. In light of the fact that the prosecutor had the same power as the defendant, committed a retaliation crime even during the trial, and the victim seems to have suffered considerable pain, the sentence of the court below is too unfeasible and unfair.

2. Determination on the grounds for appeal

A. Since the current Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area in the sentencing determination, it is reasonable to respect the sentencing determination in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

The circumstances alleged by the defendant as favorable sentencing factors in the grounds of appeal and the circumstances alleged by the prosecutor as unfavorable sentencing factors against the defendant in the grounds of appeal are deemed to have been fully considered in the original judgment. There are no new additional circumstances to change the original judgment’s punishment in the appellate court. Moreover, even if considering the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the lower court’s punishment is deemed to be reasonable, and it cannot be deemed to be too heavy or unreasonable.

3. 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.