Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The lower court’s punishment of Defendant 2 (7 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In our criminal litigation law that takes the trial-oriented principle and the direct principle, where there exists a unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance trial, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the Defendant was sentenced to six years of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) of February 9, 207, and committed the instant crime during the period of repeated offense.

However, it is also recognized that the defendant recognized each of the crimes in this case, and the defendant did not want the punishment against the defendant by agreement with the victim.

In full view of the above circumstances and the Defendant’s age, sex, environment, motive and background of each of the instant offenses, means and methods, and all the sentencing factors expressed in the instant records and trial process, including the circumstances after the commission of the offense, the sentence imposed by the lower court does not seem to have exceeded, exceeded, exceeded, or unreasonable, because it was too hot or hot.

3. As such, the appeal by the defendant 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.