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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The main reason for the appeal is that the lower court’s punishment (a year of imprisonment and a fine of 30 million won, and an additional collection) is too heavy or unfilled.
2. Determination
A. The sentencing guidelines established by the Sentencing Committee based on Articles 81-2 and 81-6 of the Act on the Organization of Courts for the Determination of Sentencing (hereinafter “Sentencing guidelines”) are “reasonable, concrete, and objective setting” through the “procedures prescribed by the Act” in order to realize the “fair, objective sentencing” and “public disclosure”. Judges shall respect the type of punishment selected and the period of sentence is determined (see Articles 81-2 through 81-12 of the Court Organization Act). In a case where a court intends to enter the grounds for sentencing in the written sentencing upon a judgment deviating from the sentencing guidelines, it shall enter the grounds in a way that it expresses the relevant sentencing in a reasonable and persuasive manner, taking into account the factors, effects, etc. of the sentencing guidelines (see, e.g., Supreme Court Decision 2010Do7410, Dec. 9, 2010).
(c)
The judgment of the court below and its propriety, and the defendant returned KRW 20 million, which is an amount equivalent to cash received at the court below on or around December 5, 2014 at the court below, and paid fines and additional charges in the trial at the court below, and there is no obvious change in circumstances that may change the sentence of the court below in the sentencing conditions and in the trial at the trial until the trial at the court below, including the defendant's spouse and person who was the defendant's wife, submitted a written application in the trial at the court below, and there is no obvious change in circumstances that could change the sentence of the court below (the circumstance that the defendant returned the amount equivalent to cash received during the trial after the commencement of an investigation as above, before the investigation