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Defendant
All appeals filed by A and C and prosecutor against the Defendants are dismissed.
Reasons
1. The gist of the grounds for appeal is as follows: As to each sentence of the lower court (as to Defendant A: fine of KRW 20 million and penalty of KRW 24 million; fine of KRW 10 million and penalty of KRW 24 million; Defendant C: fine of KRW 10 million and penalty of KRW 2.4 million; Defendant D: fine of KRW 10 million; Defendant E and Defendant F: each fine of KRW 5 million); Defendant E and Defendant F), Defendant A and C are too unfortunate and the prosecutor are too unfortunate and unfair.
2. Each of the instant crimes is likely to cause serious social harm, such as promoting a speculative spirit of the general public, lowering the desire to work, etc., and thus, it is necessary to strictize it.
In addition, the criminal liability of the defendant A is heavier in that the defendant C committed a crime during the period of suspension of execution, and the criminal liability of the defendant C was heavier in that it committed a repeated crime.
However, the defendants are both aware of the facts charged, and there is no record of punishment for the same kind of crime, Defendant C does not have the same criminal record and the period of crime is relatively short, Defendant D has no record of punishment except for a fine once due to a crime of violating the Road Traffic Act. Defendant E is the first criminal, Defendant E is the first criminal, and the period of crime is relatively short, and Defendant F does not have the same criminal record and the degree of participation in the crime is relatively short.
In addition, comprehensively taking account of the various circumstances that form the conditions for sentencing as indicated in the records, such as the Defendants’ respective ages, environment, sex, background leading up to the instant crime, and circumstances after the commission of the crime, it is not recognized that the lower court’s punishment on the Defendants is heavy or unhued and unfair.
3. As such, the appeal against the Defendants by the Defendants A, C, and the Prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.