Defendant

A’s appeal and prosecutor’s appeal against the Defendants are dismissed, respectively.

Summary of Grounds for Appeal

A. The sentence of Defendant A (one year of suspended execution for three years of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendants to the prosecutor (the Defendant A: 3 years of suspended execution, etc.; Defendant B: 2 years of suspended execution, etc. in the period of eight years of suspended execution, etc.) is too unreasonable.

2. We also examine the Defendant A and the Prosecutor’s argument on unreasonable sentencing.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act within a reasonable and appropriate range.

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 sentence on the grounds of sentencing as indicated in its reasoning of sentencing. Of the circumstances cited by Defendant A as the grounds for appeal, among the circumstances cited by Defendant A, the following facts: (a) the Defendant recognized all of his/her criminal acts; (b) the Defendant did not wish to punish the Defendant A; and (c) the Defendant did not wish to punish the Defendant A; and (d) the Prosecutor cited as the grounds for appeal against Defendant A, among the circumstances cited by the Prosecutor as the grounds for appeal against the Defendant, the crime of defraudation of this case is not good, and the