All appeals by the defendant and the prosecutor are dismissed.

The summary of the grounds for appeal is too unreasonable that the punishment (six years of imprisonment) imposed by the court below on the defendant is too unreasonable.

The sentence imposed by the court below against the defendant is too unfortunate and unfair.

Judgment

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 scope.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

In the absence of such exceptional circumstances, the first instance judgment should be respected (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). In light of the foregoing legal doctrine, the grounds for the unfair sentencing asserted by the Defendant and the Prosecutor are considered as circumstances already considered in the determination of the punishment by the lower court, or considering all the circumstances related to the sentencing of the instant case, which were taken place until the trial at the trial at the trial at the trial, and thus, the lower court’s sentencing is deemed to have been made within the scope of a reasonable discretion, and thus, it is reasonable to respect it.

The argument that the sentencing of each of the defendant and the prosecutor is unfair is without merit.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since each of the grounds is without merit.