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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 2’s punishment (any of the crimes set forth in the first sentence of 2016 that was set forth in the second sentence of 5078 that was set forth in the judgment of the court below) is too unreasonable.
B. Each sentence of the lower court (No. 1: KRW 5 million, KRW 2: the same shall apply to the foregoing) of the Prosecutor’s 1 and 2 is too uneased and unreasonable.
2. Determination
A. Although the argument of each appeal case against the judgment of the court below against the first and the second instance court was combined, the court below sentenced the fine, and the second court sentenced the defendant to the punishment for larceny against the victim AB on June 30, 2016 (the defendant was sentenced to one year of suspension of execution on April due to night residence intrusion larceny in the Gwangju District Court's interest support on July 8, 2016, and the judgment became final and conclusive on July 8, 2016, each of the crimes in the first and second trials, and the above crimes in the second and second trials against the victim AB, for which the judgment of the court below became final and conclusive, are concurrent crimes under Article 37 of the Criminal Act). If each of the crimes in the judgment of the court below are different from imprisonment with prison labor and fines, even if the court below's arguments are combined in the appellate court, the appellate court may maintain the same type of punishment, and since it does not necessarily have to sentence one kind of punishment, it does not reverse the judgment below's judgment ex officio as follows.
B. In light of the following: (a) the prosecutor’s improper assertion of sentencing against the judgment of the court of first instance: (b) there is no particular change in the sentencing conditions compared to the judgment of the court below; and (c) considering the records and arguments of this case, the sentence of the court of first instance cannot be deemed unfair; and (d) the prosecutor’
(c)
Of the crimes in the judgment of the court below in the second instance, the defendant and prosecutor's each of the charges in the second instance judgment against the defendant and prosecutor's each of the charges in the second instance, the defendant led to the confession of each of the crimes in this case against the victim W, Y, and larceny.