Defendant

B, E’s appeal and prosecutor’s appeal against Defendant C are all dismissed.

1. Summary of grounds for appeal;

A. Each sentence (Defendant B, Defendant B, and Defendant E: Imprisonment with prison labor for four months, and Defendant E: imprisonment with prison labor for six months) sentenced by the lower court against Defendant B and E is too unreasonable.

B. The Prosecutor’s sentence sentenced by the lower court to Defendant C (two months of imprisonment) is too unhued and unreasonable.

2. Determination

A. In a case where there is no change in the conditions of sentencing compared with the first instance court of the relevant legal doctrine, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

Defendant

As to the claim B, in light of the above legal principles, Defendant B stated the opinion of “content B” on the statement that “Defendant B introduced fake petroleum to Defendant B and gave up KRW 100,000 won with fees,” in the police protocol of the police protocol against Defendant B (Evidence No. 104 No. 104) against Defendant B, the defense counsel stated that Defendant B introduced fake petroleum to Defendant B and gave up one hundred thousand won with fees.”

However, the declaration of consent to evidence under Article 318 of the Criminal Procedure Act may be revoked or withdrawn before the completion of the examination of evidence, but once the examination of evidence is completed, the admissibility already acquired before the revocation or withdrawal shall not be lost (see, e.g., Supreme Court Decision 2004Do2611, Jun. 25, 2004). According to the list of evidence that form part of the protocol of trial in this case, the defendant B stated that the above protocol of examination of the police suspect was consented to the evidence at the court below, and there is no data to deem that the declaration of consent to the above evidence was revoked or withdrawn before the examination of evidence is completed. Thus, the police officer at the above level.