Defendant

All A and prosecutor appeals are dismissed.

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (two months of imprisonment, two years of suspended execution, and additional collection) is too unreasonable.

B. The lower court’s sentence (the sentence against Defendant A is the same as the foregoing, and the fine of one million won for Defendant B and C, and the confiscation) against the Defendants by the public prosecutor is too uneased and unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the reasons for sentencing indicated in the records of this case, the lower court’s sentencing against the Defendants cannot be deemed to have been too somewhat weak or unreasonable, and thus, exceeded the reasonable scope of discretion.

Therefore, the defendant A and prosecutor's argument is without merit.

3. As such, the appeal by the defendant A and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.