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

Defendant

A shall be punished by imprisonment for a period of two years and two months.

1. Summary of grounds for appeal;

A. The punishment sentenced by the first and second judgment of Defendant A (the first judgment: imprisonment with prison labor for a year and six months and confiscation, and the second judgment: imprisonment with prison labor for a period of eight months) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the first instance court on Defendant NN and AO against the said Defendants (a fine of KRW 3 million for each of the above Defendants) is too uneased and unreasonable.

2) The sentence sentenced by the second instance court to Defendant A against the above Defendant is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal against Defendant A and the prosecutor’s ex officio judgment on the grounds for appeal against Defendant A, this court tried by combining each appeal case of the judgment of the court below. Each of the above offenses against the above Defendants is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the part against Defendant A and the judgment of the court of the court of first instance cannot be maintained as they are.

3. The prosecutor made efforts to prevent recurrence, such as the fact that there was no record of punishment for the same kind of crime against the Defendant, NN, and AO by the prosecutor, and the measures prohibiting the change of the phone number after the occurrence of the instant case

In addition, when comprehensively considering the age, sex, environment, the circumstances of the instant crime by the said Defendants, profits acquired by the commission of the crime, and the circumstances after the commission of the crime, etc., it is not recognized that the sentence imposed by the lower court against the said Defendants is too uneasible and unfair.

Therefore, the prosecutor's above assertion against DefendantN and AO is without merit.

4. As such, the part against Defendant A and the part of the judgment of the court below of first instance on the ground that there is a ground for reversal ex officio as seen above, the judgment of the court below as to Defendant A and the prosecutor’s improper assertion of sentencing is omitted, and the part against Defendant A among the judgment of the court below of first instance under Article 364(2) of the Criminal Procedure