Defendant

All appeals filed by A and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (three years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (Defendant A: imprisonment of three years and six months; imprisonment of two years to two years; imprisonment of three years to one year; and imprisonment of one year to one year) of the lower court is too unhued and unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the conditions of sentencing compared to the original judgment as the new sentencing data was not submitted in the trial. In full view of all the reasons for sentencing as stated by the lower court, it cannot be deemed that the sentencing of the lower court against the Defendants is too heavy or is so unfluent that the lower court exceeded the reasonable scope of discretion.

3. Conclusion, the appeal by the defendant A and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit