All of the appeals by prosecutors are dismissed.

1. The summary of the grounds for appeal in the lower court’s respective sentences (for Defendant A, six months of imprisonment, two years of suspended sentence, two years of community service order, 180 hours of community service order, Defendant B: 5 million won of fine) against the Defendants are too uneased and unreasonable.

2. Determination

A. In light of the fact that the sentencing based on the statutory penalty is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the matters that are the conditions for sentencing under Article 51 of the Criminal Act based on the statutory penalty, and the fact that the sentencing of the first instance court does not change the conditions of sentencing compared with the first instance court, and that the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court and to refrain from imposing a sentence that does not differ from the first instance court’s opinion on

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

In light of all the conditions of sentencing as shown in the arguments of this case including the Defendants’ age, character and conduct, environment, circumstances before and after the crime was committed, and criminal records, there is no change in the conditions of sentencing compared to the original judgment, and the reasons for the unfair sentencing alleged by the prosecutor, as they were not submitted with new sentencing data against the Defendants in the trial of the original instance. In full view of all the conditions of sentencing as indicated in the arguments of this case including the lower court’s age, character and conduct, circumstances before and after the crime was committed, it is difficult for

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