All appeals filed by the prosecutor against the Defendants are dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of two million won for each of the defendants) is too unhued and 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). The lower court determined the sentence against the Defendants by comprehensively taking account of the circumstances in its holding.

The circumstances alleged by the prosecutor as the grounds for appeal (such as the motive and degree of participation of the accused, the degree of participation, and the absence of a serious reflector) are considered already in the course of sentencing in the original instance, and there is no new change in circumstances that could change the sentence of the lower court in the trial.

In full view of the circumstances leading up to the instant crime, including the background leading up to the Defendants’ age, occupation, living environment, criminal record (no criminal record in the case of Defendant A, no criminal record exceeding fines in the case of Defendant B), and the circumstances after the commission of the crime, etc., the lower court’s sentence cannot be deemed to have exceeded the reasonable scope of discretion, or to be unreasonable because it is too uneasible.

3. According to the conclusion, the prosecutor’s appeal against the Defendants is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.