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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal against the Defendants (i.e., imprisonment with prison labor for 4 months, 1 year of suspended execution, 2 million won of fine) are too uneased and unreasonable.
2. Determination
A. In light of the fact that the sentencing based on the statutory penalty is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the matters that are the conditions for sentencing under Article 51 of the Criminal Act based on the statutory penalty, and the fact that the sentencing of the first instance court does not change the conditions of sentencing compared with the first instance court, and that the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court and to refrain from imposing a sentence that does not differ from the first instance court on the grounds that
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.
Defendant
Although there are circumstances against A such as health team, Defendant A’s degree of interference with business, and Defendant A’s previous criminal punishment for the same and different types of crimes, it is difficult to evaluate that there is a change in sentencing conditions compared to the original judgment, taking into account all of the circumstances that the lower court determined in the process of the instant crime, and it is difficult to evaluate that there is a change in sentencing conditions in comparison with the original judgment. Defendant A led to the confession of the instant crime by Defendant A at the investigation stage, Defendant A expressed his intent not to have the Defendant A punished, Defendant A did not have been punished for the same crime after being sentenced to a fine of KRW 300,000 for a violation of the Punishment of Violences, etc. Act in 202, and Defendant A was not punished for the same crime for the last ten years, and no criminal punishment was imposed for the same crime for the last ten years.