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All of the appeals by prosecutors are dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable as it is too uneasible to each sentence (a fine of 2.5 million won) declared by the lower court to the Defendants.
2. Under our criminal litigation law, which takes the principle of court-oriented trials and directness, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing in the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, the Defendants’ crime of obstructing the Defendants’ performance of official duties was committed while the Defendants were investigated in the earth, and the Defendants’ crime of aiding and abetting the Defendants in violation of the Act on the Punishment of Acts, such as Mediation, etc. of sexual traffic in this case was committed by the Defendants by aiding and abetting F to act of arranging sexual traffic in this case. Defendant C was under the suspension of execution due to sexual assault, and Defendant C committed the crime of obstructing the execution of official duties in this case, even if Defendant D was committed during the period of repeated crime, and all of the facts charged by the Defendants, which were disadvantageous to the Defendants.
Considering the fact that it is difficult to see, Defendant C and D reached an agreement with P by the victimized police officer, and all the sentencing conditions in the records and arguments of the instant case, such as character, conduct and environment of the Defendants, etc., the prosecutor’s assertion is without merit, since each sentence imposed by the lower court against the Defendants is too unfasible and unfair.
3. In conclusion, the Prosecutor’s appeal against the Defendants is without merit. Thus, all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.