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All appeals by the Defendants and the Prosecutor against Defendant B are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (a fine of KRW 5 million for Defendant A, Defendant B’s imprisonment for 8 months and confiscation, and additional collection of KRW 1.8 million) is too unreasonable.
B. The Prosecutor (the above sentence against Defendant B)’s sentence (the above sentence against Defendant B) is too unhued and unfair.
2. The judgment of the Defendants recognized their mistakes and reflects them, and Defendant A did not have the same criminal history, and the profits derived from the instant case are not significant, and the above establishment was closed after the instant case, taking into account favorable circumstances.
On the other hand, Defendant B had the same power, even after the same crime was controlled by the same crime, and became a foundation after the filing of a prosecution based on the first control (the alteration of indictment was made at the first instance trial). In light of the behavior shown by the Defendants to avoid punishment during the investigation process, and other various sentencing conditions as shown in the records, such as the motive and background leading up to the crime of this case, the circumstances after the crime, the age of the Defendants, sexual behavior, environment, etc., the court below's sentence against Defendant A is too unreasonable, or the punishment imposed against Defendant B is too heavy or too heavy, and thus, the Defendants and the prosecutor's aforementioned arguments are without merit.
3. In conclusion, since the appeal against the defendant B by the defendants and the prosecutor is without merit, all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.