Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of KRW 3,000,000.

Defendant .

A. Defendant A’s penalty of KRW 5 million imposed by the lower court against Defendant A is too unreasonable.

B. The Prosecutor’s sentence of a fine of KRW 700,00,000, which the lower court sentenced to Defendant B, is too uneased and unreasonable.

2. Determination

A. Although there are extenuating circumstances, such as the method and means of the instant crime committed by Defendant A’s judgment on the assertion of unfair sentencing, the nature of the crime is not weak in light of the method and consequence of the instant crime, and the fact that a number of criminal offenses have been committed by the Defendant, etc. However, there are circumstances to take into account some of the motive and circumstances of the instant crime, the Defendant stated that his mistake is divided, and the Defendant has made a statement that the Defendant has been divided into one’s mistake, and the Defendant has withdrawn his complaint by mutual consent with the victim during the trial, and other conditions of the instant sentencing, including the Defendant’s age, character, conduct, intelligence, intelligence and environment, motive and consequence of the instant crime, means and consequence, relationship with the victim, etc., the Defendant’s punishment imposed by the lower court is somewhat unreasonable. Thus, the Defendant’s assertion is reasonable.

B. Although there are extenuating circumstances, such as the method and means of the instant crime committed by the Defendant on the part of Defendant B of the public prosecutor regarding the allegation of unfair sentencing, the nature of the crime is not somewhat weak in light of the method and consequence of the instant crime. However, there are circumstances that may be taken into account in the background of the instant crime, the Defendant stated that his mistake is divided, and the Defendant only withdraws the complaint by mutual consent with the victim, the Defendant has no criminal record of the same kind; the Defendant’s age, character and conduct, intelligence and environment; the Defendant’s motive and background leading up to the instant crime; the degree of the commission of the instant crime; the means and consequence; the relationship with the victim; and the circumstances after the instant crime, etc., the sentence imposed by the lower court is to be comprehensively taken into account.