The part of the judgment of the court below against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and two months.

. Prosecutors;

1. Summary of reasons for appeal: Improper sentencing; and

A. The first sentence of the lower court against Defendant A by the Prosecutor (eight months of imprisonment) and the second sentence against Defendant J, Defendant K (Defendant J: fine of KRW 10 million, Defendant K: fine of KRW 3 million) is too uneased and unfair.

B. Defendant A’s punishment (the first instance court: the imprisonment of eight months, and the second instance court: the imprisonment of six months) is too unreasonable.

(c)

Defendant

J The sentence of the lower court is too unreasonable.

2. The judgment of the court below ex officio (as to Defendant A), the court decided to combine each appeal case of the judgment below against Defendant A with one another.

Since each crime against Defendant A of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, it shall be judged simultaneously and sentenced to a single punishment in accordance with Article 38(1) of the Criminal Act. In this regard, the part against Defendant A of the judgment below cannot be maintained.

3. The lower court’s determination on the unfair argument of sentencing by the prosecutor (the part on Defendant J and K) and the Defendant J as to each of the unfair arguments of sentencing by the public prosecutor, and the lower court did not have any circumstance to newly consider the sentencing of the Defendants within a reasonable scope, taking full account of the overall circumstances as to the sentencing of the Defendants, and no circumstance exists to deem that the lower court’s punishment is too heavy or unreasonable, even considering the circumstances asserted by the Defendant and the public prosecutor on the grounds of appeal.

4. As such, the part of the judgment of the court below regarding Defendant A among the judgment below is reversed, and the part concerning Defendant A among the judgment below in accordance with Article 364 (2) of the Criminal Procedure Act is reversed, and the following is again decided after pleading, since there is a ground for reversal of the above authority among the judgment below.

Since the Prosecutor’s appeal against Defendant J and K and the appeal by Defendant J are without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

【Re-written judgment] criminal facts.