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Defendant
All of the appeal filed by A and the appeal filed by the Prosecutor against Defendant B shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court to Defendant A (unfair punishment) (one year and six months of imprisonment, and 1.2 million won of collection) is too unreasonable.
B. The public prosecutor (an unreasonable sentencing on Defendant B)’s sentence (a fine of KRW 8 million, additional collection of KRW 700,000,000) sentenced by the lower court to Defendant B is too uneased and unreasonable.
2. Determination on the grounds for appeal
A. Although there are extenuating circumstances such as Defendant A’s acknowledgement of and rebuttal against his mistake, Defendant A again committed the instant crime without being aware of the fact that Defendant A was punished for a suspended sentence due to the same kind of crime, Defendant A was not aware of the fact that the act of spreading philophones is bad, Defendant A’s quantity or frequency of philophones handled by Defendant A is very bad, and other circumstances, such as Defendant A’s age, character and behavior, environment, motive, means and consequence of the instant crime, etc., which are conditions for the pleadings and the sentencing specified in the record, are not recognized as improper since the lower court’s punishment is too unreasonable. Accordingly, Defendant A’s assertion is without merit.
B. As to the prosecutor’s assertion that Defendant B committed the instant crime without being aware of the fact that Defendant B committed the same crime and committed again without being aware of it during the period of suspended execution, there are unfavorable circumstances against Defendant B, but on the other hand, Defendant B voluntarily surrendered and actively cooperated in the investigation with respect to the instant crime as indicated in the judgment of the court below, Defendant B is likely to not repeat again, Defendant B is a position to support his child, and other circumstances that are conditions for sentencing as indicated in the instant argument and the record, such as Defendant B’s age, character and behavior, environment, motive, means and consequence of the crime, etc., and the circumstances after the crime, etc., are considered to be unfair to the extent that the sentencing of the court below should be reversed.