The appeal by the Defendants and the prosecutor shall be dismissed.

1. Summary of grounds for appeal;

A. The Defendants’ sentence (Defendant A: imprisonment with prison labor for a maximum of three years and six months, a short of three years, etc.; Defendant B: imprisonment with prison labor for a maximum of four years and a short of three years and six months) is too unreasonable.

B. The lower court’s sentence against the Defendants on the prosecutor is too uneasible.

2. Determination of sentencing is based on statutory penalty, discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting conditions for sentencing prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the sentencing of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing specified in the process of the first instance sentencing review and the sentencing criteria, or where it is deemed unfair to maintain the first instance sentencing judgment in full view of the materials newly discovered in the course of the appellate court’s sentencing review, etc.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court sentenced the Defendants to the aforementioned punishment on the grounds of sentencing as indicated in its reasoning for appeal. Of the circumstances cited by the Defendants as the grounds for appeal, the Defendants committed each of the instant crimes under the influence of alcohol under the influence of personal and emotional integrity, Defendant A’s act of committing the instant crime in lieu of one’s own crime, Defendant A being perceived and opposed to his/her own crime, Defendant B had an unfortunate mind for the victim, and the Prosecutor’s act cited as the grounds for appeal.