All appeals filed by the Defendants and the Prosecutor are dismissed.

The request for compensation order AW, which is an application for compensation in the trial of the party, shall be dismissed.

1. The summary of the grounds for appeal filed each appeal on the grounds that the lower court’s punishment (one and half years of imprisonment; ten months of imprisonment; and each order for compensation) is too heavy. The prosecutor filed an appeal on the grounds that the lower court’s punishment is too minor.

2. Determination

A. As to the grounds for appeal, the sentencing on the basis of statutory penalty is a discretionary judgment that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.

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 judgment of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing in the course of the first instance sentencing review and the sentencing criteria, etc., or where it is deemed unfair to maintain the first instance sentencing as it is in full view of the materials newly discovered in the course of the appellate court’s sentencing review.

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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendants into account, and considering the circumstances asserted by the Defendants and the Prosecutor as the grounds for appeal, the lower court’s punishment is too weak or unreasonable.

Therefore, the defendants and the prosecutor's arguments are without merit.

B. On August 29, 2019, an applicant for compensation order filed an application for compensation order with approximately KRW 70,000,000,000 from the date of the party’s closing argument, which is the special law on the promotion of litigation, etc.