Defendant

All appeals filed by A and the prosecutor against the Defendants are dismissed.

1. Summary of grounds for appeal;

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

B. The lower court’s sentence imposed on the Defendants (Defendant A: Imprisonment with prison labor of 10 months, Defendant B: fine of 5 million won) is too uneased and unreasonable.

2. Where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court’s determination on sentencing is not deemed to have exceeded the reasonable bounds of discretion, in full view of the following: (a) the conditions favorable to the Defendants, such as the following: (b) the Defendants’ favorable circumstances; (c) the Defendants’ motive and character; (d) the motive and process of the crime; and (e) the fact that there was no record of criminal punishment against Defendant B; and (e) the Defendants’ motive and process of the crime; and (e) the criminal records and arguments, including the fact that Defendant A had the record of criminal punishment due to drinking driving. In full view of all the factors indicated in the instant records and arguments, the lower court’s determination on sentencing exceeded the reasonable bounds of discretion.

Furthermore, the grounds for unfair sentencing asserted by Defendant A and the Prosecutor in this Court are the circumstances that the lower court had already taken into account while determining the Defendants’ punishment, and it is difficult to view that there exists any change in circumstances to the extent that may be newly considered in the trial.

Thus, the defendant A and the prosecutor's assertion are without merit since the court below's punishment is too heavy or it is not unreasonable.

3. Accordingly, the appeal against the Defendants by the Defendants A 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.