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Defendant
A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Prosecutor’s sentence (Defendant A: 1 year of imprisonment and additional collection of 2.2 million won; 2 years of suspended sentence of imprisonment for 8 months; and 3.8 million won of additional collection) is too unfluent and unreasonable.
B. The sentence of the lower court against Defendant A is too unreasonable.
2. The lower court determined the Defendants’ punishment by taking into account the favorable and unfavorable circumstances to the Defendants, as seen above.
In full view of all the circumstances that are conditions for sentencing in this Court, the judgment of the court below exceeded the reasonable scope of its discretion.
There is no special change in circumstances that can evaluate or change the sentence of the court below.
In addition, the sentencing of the lower court is too heavy or is so unfased so far as it exceeds the reasonable scope of discretion by comprehensively taking account of the factors revealed in the proceedings of the instant case, such as the Defendants’ age, environment, background and consequence of the crime, and the circumstances after the crime.
It does not seem (in particular, in the case of Defendant B, considering that the status or actual role of Defendant A in the instant crime is easy compared to that of Defendant A, and that there is no specific criminal history except for the case subject to a fine once as a type of a crime prior to the long time, the sentence of the lower court on Defendant B, who was determined to be exempted from the lower limit of the punishment according to the sentencing guidelines, is too unjustifiable.). Each of the unfair arguments in sentencing against Defendants A and prosecutor are without merit.
3. Conclusion, Defendant A’s appeal and the Prosecutor’s appeal against the Defendants are 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.