Defendant

B All appeals against the Defendants by the Prosecutor and the Prosecutor are dismissed.

Summary of Reasons for appeal

A. Defendant B’s punishment (six months of imprisonment) is unreasonable and unfair.

B. In light of the power of the prosecutor and the nature of the crime of the instant crime, etc., the lower court’s sentence (Defendant A: a fine of KRW 4 million, Defendant B: a fine of KRW 6 months, Defendant C: a fine of KRW 4 million, and Defendant C: a fine of KRW 4 months) is deemed unreasonable.

2. In criminal litigation law taking the trial-oriented principle and the principle of direct determination, where there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no significant change in the terms of sentencing compared to the lower court’s judgment, and in full view of all the reasons indicated in the records of this case, the lower court’s sentencing with respect to Defendant B is heavy or the lower court’s sentencing with respect to the Defendants was unscheduled, thereby exceeding the reasonable scope of discretion.

shall not be deemed to exist.

3. In conclusion, the appeal by Defendant B and the prosecutor against the Defendants is without merit. Thus, the appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.