Defendant

All A and prosecutor appeals are dismissed.

1. Summary of grounds for appeal;

A. The punishment of Defendant A (eight months of imprisonment) against Defendant A is too unreasonable.

B. Each of the punishments against the Defendants of the lower court (eight months of imprisonment for Defendant A, six months of imprisonment for Defendant B, two years of suspended execution, etc.) is deemed unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the following circumstances, determined the Defendants’ punishment by taking account of various circumstances as stated in its reasoning.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering all of the sentencing factors indicated in the pleadings of the instant case, such as the Defendants’ age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, it is difficult to view that the lower court’s enhancement of Defendant A is too heavy, or unhued, or that the lower court’s sentencing against Defendant B is too unhued, and thus, exceeded the reasonable scope of discretion.

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

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