The part of the judgment of the court of first instance against Defendant A and the judgment of the court of second instance shall be reversed.

Defendant

A. fine of 10 million won.

1. Summary of grounds for appeal;

A. The punishment of Defendant A (the first instance judgment: the fine of KRW 7 million, and the second instance judgment: the fine of KRW 6 million) of the lower judgment is too unreasonable.

B. The sentence (7 million won by each fine) against the Defendants in the judgment of the court of first instance by the public prosecutor is too uneased and unreasonable.

2. Determination

A. We examine the grounds for appeal by the Defendant A and the prosecutor ex officio prior to the judgment.

The Defendant filed an appeal against the lower judgment, and the appellate court decided to jointly deliberate on the two appeals cases.

The judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

B. In a case where there is no change in the conditions of sentencing compared to Defendant B’s judgment, and the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Even when considering the circumstances alleged by the prosecutor as the grounds for appeal, the lower court appears to have determined the sentence against the Defendant within a reasonable scope, sufficiently taking into account the overall circumstances regarding sentencing.

Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

Therefore, prosecutor's assertion is without merit.

3. The part of the judgment of the court of first instance regarding Defendant A and the judgment of the court of second instance on the grounds as seen above are reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining an unreasonable sentencing decision against Defendant A, and the part of the judgment of the court of first instance and the judgment of the court of second instance are all reversed. The prosecutor’s appeal against Defendant B is without merit, and thus, it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act.

Defendant

A.