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Defendant
A All appeals filed by the Defendants and prosecutor are dismissed.
Reasons
The sentencing of the lower court (the sentencing of the Defendant A: imprisonment with prison labor for one year, confiscation, Defendant B: a fine of four million won) by the Prosecutor’s main point of the grounds for appeal (unfair form of punishment) is unreasonable.
Defendant
A The sentencing of the lower court is too unreasonable.
However, in light of the content, motive, frequency, duration, degree of participation, etc. of each of the crimes of this case against Defendant A and the above defendant by the public prosecutor, the crime is very poor, etc., and thus, is disadvantageous to the defendant.
On the other hand, the fact that the defendant acknowledges and reflects the mistake, and cooperates with the investigation of the investigation agency is favorable to the defendant.
Considering the equity in the case where each of the instant crimes was committed and the offense committed on November 22, 2013, which became final and conclusive at the same time, and other circumstances that form the conditions for sentencing as indicated in the instant case, the lower court’s sentencing cannot be deemed to be deemed to be reasonable and unreasonable because it is too excessive or too heavy.
As to the prosecutor's assertion of unfair sentencing on Defendant B, the defendant has a same criminal record and one time, and is disadvantageous to the defendant.
However, considering the fact that the period of the instant crime is very short and the degree of participation is minor, the fact that the Defendant acknowledges and reflects the mistake, and all other circumstances that form the conditions for the sentencing as indicated in the instant case, the lower court’s sentencing cannot be deemed unreasonable because it is too uneasible.
Therefore, the appeal by Defendant A and the appeal by the prosecutor against the Defendants is without merit. Thus, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.