Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (an amount of KRW 3 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine the argument that the Defendant and the prosecutor’s sentencing are unfair.

In our criminal litigation law, which takes the principle of court-oriented trials and directness, there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (Supreme Court Decision 2015Do3260 Decided July 23, 2015). Although the defendant shows the attitude to recognize and reflect the crime in this case, the exercise of power and the degree of interference with duties are relatively not much serious, it is recognized that the court below appears to have determined the punishment against the defendant in light of the above circumstances, and there is no change of circumstances that may be considered in the sentencing after the sentence of the court below, and thus, it does not seem that the court below exceeded the reasonable scope of discretion of the defendant, or unreasonable or unjust. In full view of all the factors of sentencing as shown in the records and the trial process of this case, such as the defendant’s age, sex, environment, motive, means and method of the crime in this case, and circumstances after the crime.

3. In conclusion, since the appeal by the prosecutor and the defendant is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.