All appeals by the Defendants and the Prosecutor are dismissed.

Summary of Grounds for Appeal

The defendants' punishment (six months of imprisonment) of the court below is too unreasonable.

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

Judgment

The Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of directness, should respect the determination of sentencing in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the conditions of sentencing compared with the original judgment because new sentencing materials have not been submitted at the trial court. In full view of all the reasons for sentencing indicated in the records of this case, the lower court’s sentencing cannot be deemed that the sentencing is too somewhat weak or unreasonable, and thus, exceeds the reasonable scope of discretion.

In conclusion, the appeal filed by the Defendants and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.