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All appeals by the Defendants and by the Prosecutor against Defendant A are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendants’ sentence (Defendant A: a fine of KRW 7 million, Defendant B: a fine of KRW 3 million) is too unreasonable.
B. The lower court’s sentence against Defendant A of the Prosecutor is too unhued and unreasonable.
2. The Defendants recognized their mistakes and reflects on the fact that the Defendants did not have the same criminal records, and in the case of Defendant B, the Defendants were to receive monthly pay of KRW 2 million. However, the Defendants and the Prosecutor’s aforementioned assertion are without merit, on the other hand, given that the Defendants operated entertainment tavern without obtaining permission from the competent authorities in an area where they could not obtain permission for an entertainment drinking club business from the competent authorities. Meanwhile, in full view of the business period, operating income, and other circumstances of the instant crime, the circumstances after the instant crime, the Defendants’ age, character and conduct, and environment, etc., the Defendants’ punishment against the Defendants is too heavy, or the lower court’s punishment against Defendant A is deemed unreasonable because it is too unreasonable.
3. In conclusion, the Defendants’ appeal and prosecutor’s appeal are all without merit, and they are all dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.