Defendant

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

1. Summary of grounds for appeal;

A. Defendant A’s punishment (a year of imprisonment, confiscation, and collection) by the lower court is too unreasonable.

B. The Prosecutor’s sentence against the Defendants (Defendant A: the same applies, Defendant B: fine of 5 million won, confiscation, Defendant C: imprisonment with prison labor of 6 months suspended, 2 years of suspended execution, confiscation, and collection) is too unfluent and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to 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 it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances in which Defendant A and the prosecutor have asserted for each of the unfair sentencing grounds are already reflected in the sentencing grounds of the lower court. Defendant A, despite being punished by a fine or a suspended sentence for the same or similar crime, has committed the instant crime, and thus, there is a high possibility of criticism. In full view of the various circumstances, such as the motive, means, and result of the crime, and the circumstances after the crime, etc., of the lower court’s sentencing, the sentencing of Defendant A is too heavy or uneasible, and the sentencing of Defendant B and C is too uneasable beyond the reasonable scope of discretion of the lower court.

Therefore, the defendant A and the prosecutor's argument are without merit.

3. In conclusion, since the appeal by Defendant A and the appeal by the prosecutor against the Defendants is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.