Defendant

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

Defendant

Defendant A filed an appeal against the lower judgment on January 9, 2020. However, on January 31, 2020, Defendant A failed to submit the statement of grounds for appeal within 20 days from the date on which he/she received the notification of the receipt of the trial records from this court on January 31, 2020. The petition of appeal does not state any grounds for appeal, and there is no other reason for ex officio examination on the records.

Nevertheless, Defendant A asserted that the sentence of the lower court (a fine of KRW 7 million) is too unreasonable through the submission of the written statement and the written statement after the deadline for submitting the statement of grounds of appeal. However, this cannot be a legitimate ground for appeal as a subsequent argument after the deadline for submitting the statement of grounds of appeal, and even after ex officio examination, it is difficult to deem that Defendant A’s punishment is too unreasonable.

Therefore, in accordance with Article 361-4(1) of the Criminal Procedure Act, a decision to dismiss an appeal by a defendant A should be made. However, as long as a prosecutor makes a judgment on the appeal against the defendants, the dismissal of appeal should not be separately decided, and a decision should be rendered.

The summary of the grounds for appeal against the prosecutor's appeal against the defendants is unreasonable because each of the punishments of the court below (the fine of 7 million won for the defendant A, the fine of 4 million won for the defendant B) is too uneased.

Judgment

Considering the circumstances that the court below properly explained in its reasons for sentencing and the Defendants’ age, character and conduct, environment, circumstances after the commission of the crime, and the circumstances after the commission of the crime, the records and arguments of this case were taken into account. In light of the fact that there is no new change in circumstances that could change the sentence of the court below in the above trial and there is no change in the sentencing conditions compared with the original judgment, it is difficult to view that each sentence of the court below against the Defendants is too unjustifiable.

Therefore, the prosecutor's assertion of unfair sentencing against the Defendants is rejected in entirety.

In conclusion, Defendant A’s appeal and the Prosecutor’s appeal against the Defendants are justified.