All appeals by prosecutors are dismissed.

A. The sentence of the lower court (the penalty of KRW 8 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The determination of sentencing is based on the statutory penalty, based on the discretionary determination that takes place within a reasonable and appropriate scope by taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act, and there is a unique area of the first deliberation in our criminal litigation law taking the trial-oriented principle and the principle of directness.

In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing in the first instance does not deviate from the reasonable scope of the discretion. Although the sentence of sentencing in the first instance falls within the reasonable scope of the discretion, it is desirable to refrain from rendering a sentence that does not differ from the appellate court’s view (see Supreme Court Decision 2015Do3260, Jul. 23, 2015) by destroying the first instance judgment on the sole ground that the sentence of sentencing in the first instance falls within the reasonable scope of the discretion, and to refrain from rendering a sentence that does not differ from the appellate court’s judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court sentenced the above sentence to the Defendant with due regard to the sentencing as stated in its reasoning. The circumstances favorable or unfavorable to the sentencing in the appellate court are already determined in the lower court’s judgment, and exceeding the reasonable scope of discretion.

There are no changes in the conditions of sentencing in the appellate court.

Since there are no materials to regard the sentencing of the lower court, it is reasonable to respect the sentencing of the lower court.

It is difficult to accept the argument that the sentencing of the defendant and the prosecutor is unfair.

3. Conclusion, the appeal by the defendant and the prosecutor is dismissed on the grounds that all are without merit.