All appeals filed by prosecutors and defendants are dismissed.

1. According to the records of the instant case regarding the Defendant’s appeal, the Defendant submitted a petition of appeal against the lower judgment on October 15, 2018, which was subsequent to the lapse of the appeal period.

Therefore, since the defendant's right to appeal has ceased to exist after the lapse of the period, it is necessary to decide to dismiss the defendant's appeal in accordance with Articles 362 (1), 360 (1), and 358 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is rendered a judgment on the appeal, it is not necessary to separately decide to dismiss the defendant's appeal and also sentenced it by a judgment.

2. Determination on the Prosecutor’s Appeal 1) Summary of the Reasons for Appeal (2 million won in penalty) is too unfluent and unreasonable.

2) The lower court sentenced a fine of KRW 2 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the facts that are the conditions for sentencing in this Court, in particular, the sentencing of the court below exceeded the reasonable bounds of its discretion when comprehensively considering the fact that the defendant was the first offender and the defendant reflects his mistake and the applicable sentences, etc.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be comprehensively considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.

3. The appeal by the conclusion prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.