Defendant

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

1. Summary of grounds for appeal;

A. The sentence of Defendant B (10 months of imprisonment) by the lower court is too unreasonable.

B. The lower court’s sentence against the Defendants by the prosecutor (ten months of the Defendant A’s imprisonment, two years of suspended execution, protection observation, community service order 120 hours, and fine 30,000 won) is deemed to be too uneasible and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance 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). In such a case, there is no change in the conditions of sentencing compared with the lower court’s failure to submit new materials for sentencing in the trial. As such, the circumstances alleged by Defendant B and the prosecutor for reasons of sentencing are deemed to have already been reflected in the grounds of sentencing of the lower court. In full view of all the circumstances, such as the Defendants’ age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., of the lower court’s sentencing examination, it cannot be deemed that the lower court’s sentencing against Defendant B is too excessive, or that the sentencing of the lower court against the Defendants goes beyond the reasonable scope of discretion because it is too unreasonable.

Therefore, Defendant B and Prosecutor’s argument is without merit.

3. In conclusion, the appeal against the Defendants by Defendant B and the Prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.