A. The punishment of the judgment of the first instance court against the defendant (the fine of KRW 8,000,000) is too unreasonable.

(b) The sentence of the first instance judgment against the Defendant by the Prosecutor is too unhued 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). In light of the foregoing legal doctrine, there was no change in the conditions of sentencing, such as: (a) the submission of new sentencing data at the trial and the submission of them are not in line with the circumstances favorable to the Defendant specified in the judgment of the first instance court; and (b) the Defendant’s age, character and behavior, environment, motive, background, means and consequence of the crime; and (c) other circumstances that form the conditions of sentencing specified in the instant records and pleadings, such as the circumstances after the crime, etc., do not seem to be excessively heavy or unreasonable since the sentencing of the court of the first instance goes beyond the reasonable scope of discretion.

Therefore, each of the defendant and prosecutor's arguments on unreasonable sentencing is without merit.

3. The appeal by the defendant and the prosecutor are without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.