The punishment sentenced by the court below (5 million won of a fine) is too heavy, or is too unhued so far as possible.

2. Comprehensively taking account of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court appears to have been reasonably determined by fully considering all the circumstances, including the various reasons for sentencing asserted by the Defendant and the Prosecutor, and no special circumstance exists to the extent that the lower court’s punishment is modified.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, ex officio, the “written statement by the police against D” in the summary of the evidence of the judgment below is corrected as the “written statement of D Preparation”.