변호사법위반등
Defendant
A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.
1. With respect to each sentence of the first instance of the Reasons for Appeal (unfair sentencing: 1 year of imprisonment; 5 million won of fine) (hereinafter “Defendant A”), the summary of the Reasons for Appeal by the Defendant A is so excessive that the punishment is too unreasonable, and the summary of the Reasons for Appeal by the Prosecutor against the Defendants is too unreasonable.
2. In the instant case where there is no change in the sentencing conditions that may be considered for the first time in the appellate trial, in full view of various circumstances, including the Defendants’ age, sexual conduct, environment, health condition, family relationship, motive, means and consequence of the crime, etc., the first instance court cannot be deemed to have exceeded the scope of discretion, and thus, it is unreasonable to deem that the first instance judgment is too heavy or unreasonable as it goes beyond the scope of discretion.
Therefore, the defendant A and prosecutor's argument is without merit.
3. If so, the appeal against the Defendants by the Defendants A and the Prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.