Defendant

All appeals filed by A and C and prosecutor against the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant A and C’s sentence (Defendant A: imprisonment of one year and five months, confiscation, Defendant C’s imprisonment of two years and confiscation) of the lower court is too unreasonable.

B. The lower court’s sentence against the Defendants by the prosecutor (Defendant B: one year of imprisonment, two years of suspended sentence, two years of probation, 120 hours of community service order, and confiscation) is deemed to be too uneasible and unreasonable.

2. In a case 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, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). As a new sentencing data is not submitted in the trial, there is no change in the sentencing conditions compared to the original judgment. In full view of the following factors: (a) the Defendants’ participation in the instant crime; (b) the number of times of the crime; (c) the amount of the crime committed; (d) details of the distribution of profits; (e) whether the Defendants have recovered from damage; and (e) the lower court’s punishment against the Defendants is too heavy or unhued, thereby exceeding the reasonable scope of discretion.

3. Conclusion, Defendant A and C’s appeal and prosecutor’s appeal are without merit, and they are dismissed under Article 364(4) of the Criminal Procedure Act.