A. The prosecutor (unfair form of punishment)’s sentence of 10 months sentenced by the court below is too unhued and unfair.

B. The above sentence imposed by the court below on the defendant (unfair punishment) is too unreasonable.

2. Determination of unfair sentencing by the public prosecutor and the defendant are also examined.

The defendant is a repeated offender of the same kind, and the crime of selling the similar volatiles of this case is about 3.41 times in the market price of about 10.22 billion won, and the size of the crime is large as selling the similar volatiles of this case 6.82,00 won.

However, when the defendant was in the past, all of the crimes are recognized, and the total profits from the sale of similar gasoline in this case are divided in depth, and the profits accrued from the sale of the similar gasoline in this case are not expected to be much more than KRW 170 million, which belongs to the defendant.

In addition, the crime of aiding and abetting the criminal of this case was proposed that Q first made the defendant's statement to the police as he manufactured and sold the similar emblem of this case.

In full view of the above circumstances and other factors of sentencing, including the Defendant’s age, character and conduct, family relationship, environment, and circumstances after the crime, the lower court’s punishment seems to be reasonable, and it cannot be deemed that it is too poor or too unreasonable for the accomplices to be sentenced to a suspended sentence of imprisonment.

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