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The part against Defendant A in the judgment of the first instance court shall be reversed.
Defendant
A Punishment of a fine of KRW 3,00,000 shall be imposed against A.
Reasons
1. Summary of the grounds for appeal: 2. Determination of this Court
A. Although Defendant A had been punished four times by a fine for a similar type of crime against Defendant A, the fact that the Defendant had been sentenced to a fine for a similar type of crime, the fact that the Defendant was older than 70 years old and his mistake is repented in depth, that the fact that D had the technology and equipment for manufacturing guns and thus, a person who did not have such technology and equipment was manufactured and distributed the firearms closely without permission is larger than the risk, and that there is a big difference from the risk of the danger. In full view of the various sentencing conditions indicated in the instant pleadings, such as the Defendant’s character and behavior, family form, motive and circumstance of the crime, and circumstances before and after the crime, the fine of KRW 5 million, which the first instance court
B. As seen earlier with respect to Defendant B, although the risk of the instant crime is relatively low, considering these circumstances, the sentence is already determined by the first instance court in consideration of the said circumstances, and considering the various circumstances, such as the means and consequence of the instant crime and the circumstances after the commission of the crime, it is difficult to view that the first instance court’s fine of KRW 1 million imposed on the said Defendant is too unreasonable. Thus, the above Defendant’s allegation disputing this point is unacceptable.
3. Accordingly, according to the conclusion, Defendant B’s appeal is rejected pursuant to Article 364(4) of the Criminal Procedure Act. Defendant A’s appeal is accepted only by Defendant A, and the part against Defendant A in the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.
[D. The Criminal Procedure Act Article 369 of the Criminal Procedure Act provides that a summary of the facts constituting an offense and the evidence recognized by the court shall be the same as that of the relevant part of the judgment of the court of first instance, and thus, it shall be cited as it is in accordance with Article 369 of the same Act.
Application of Statutes
1. Criminal facts;