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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s punishment [one year of imprisonment, confiscation (No. 1 and 5)] of the lower court is too unreasonable.
B. Prosecutor 1) The lower court’s omission in confiscation against Defendant A was found to have omitted the confiscation of the evidence 2 through 4 obvious by the commission of the crime against Defendant A. 2) The lower court’s sentence against the Defendants on unreasonable sentencing (Defendant A: imprisonment of one year, confiscation (Evidence 1 and 5), and fine of 1.5 million won) is deemed unreasonable.
2. Determination
A. The prosecutor’s appeal against the defendant A and the prosecutor’s appeal 1) determination on the omission of confiscation by the prosecutor’s assertion on the omission of confiscation by the prosecutor’s evidence alone is difficult to view that the mother and child (Evidence No. 2), protein (Evidence No. 3), protein (Evidence No. 4), protein), protein (Evidence No. 4) provided or intended to be provided for each of the crimes of this case, or the goods that were produced or acquired as a result of the crime, or acquired as a result of the crime. The prosecutor’s aforementioned assertion on the forfeiture of confiscation is without merit. 2) The prosecutor’s and the above defendant’s decision on the improper assertion on the sentencing of the defendant are without merit. (B) The fact that the defendant committed the crime of this case again during the period of repeated offense due to the same kind of crime, the victim’s damage has not been recovered. However, considering the fact that the defendant led to the crime of this case, the number of crimes is only one time, the amount of damage is not big, and the defendant’s age, circumstances after the crime.
C) Therefore, the prosecutor and the defendant A’s above assertion are without merit. (b) The prosecutor’s appeal against the defendant B by the prosecutor is 1) The defendant committed the same crime on August 20, 2009, and a fine of one million won on November 24, 2009, even though he was sentenced respectively.