Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s punishment (fine 4,000,000) against the Defendant is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. We examine the reasoning of the judgment and the prosecutor together.
If 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). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial, and considering the factors revealed in the instant pleadings, the lower court’s sentencing goes beyond the reasonable scope of discretion and is too heavy as alleged by the Defendant, or is too unreasonable, as alleged by the prosecutor.
Therefore, the defendant and prosecutor's argument of unreasonable sentencing is without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.