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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. Each of the lower court’s sentences (Defendant A: 10 months of imprisonment and 2 years of probation, community service order 120 hours, Defendant B: one year of imprisonment and 2 years of probation, and 120 hours of community service order) against the Defendants as to the gist of the prosecutor’s appeal reasons is unreasonable.
2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the lower court as the submission of new materials for sentencing in the trial, and there is no change in the conditions of sentencing compared with the lower court, and the sentencing revealed during the pleadings of the instant case is too unafford so far as the sentencing revealed in the instant case exceeds the reasonable scope of discretion, and thus, it
Therefore, the prosecutor's improper argument of sentencing is without merit.
3. In conclusion, the prosecutor’s appeal against the Defendants is without merit. Thus, all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. However, pursuant to Article 25(1) of the Rules on Criminal Procedure, ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, “1. Defendant’s legal statement” as “1. Defendant’s legal statement” is corrected to “1. Defendants’ legal statement”