All appeals by the Defendants and the Prosecutor are dismissed.

1. The summary of the grounds for appeal (in both cases of unfair sentencing) sentenced by the lower court (in both cases of imprisonment with prison labor for three years and confiscation for Defendant A, imprisonment with prison labor for one year and six months and confiscation for Defendant B) is too weak or unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should 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 first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, there are no new special circumstances or changes in circumstances that may be reflected in the sentencing of the Defendants after the pronouncement of the lower judgment, and no new conditions or changes in circumstances may be found to be reflected in the sentencing of the Defendants, and if the lower court’s sentencing conditions that are indicated in the records and arguments of the instant case, compared with the reasons for sentencing of the lower judgment, such as the Defendants’ age, character and conduct, and environment, are not deemed to be excessively less light or too heavy than the scope of reasonable discretion, the Defendants

3. As such, the appeal by the Defendants and the prosecutor is 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.