Text
Defendant
All appeals filed by A and the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s unreasonable sentencing - The lower court’s imprisonment (two years of imprisonment for a maximum term, one year and six months) is too heavy.
B. Public prosecutor’s unreasonable sentencing - The lower court’s sentence against the Defendants (the Defendant B, one year of imprisonment with prison labor, two years of suspended execution) is too minor.
2. We examine both Defendant A and the Prosecutor’s arguments below judgment.
The circumstances alleged by the prosecutor as an unfavorable element in relation to the sentencing in the trial of the political party and the circumstances alleged by Defendant A as an favorable element in the trial of the court below were revealed in the hearing of the court below, and there is no change of circumstances in relation to the matters subject to sentencing after the sentence of the
The lower court cannot be deemed to have determined a punishment by fully taking account of all the circumstances that include the circumstances asserted by Defendant A and the Prosecutor as the grounds for appeal, and that each of such punishments is too weak, or was in excess of the reasonable scope of discretion in the court’s sentencing determination.
Therefore, each of the defendant A and prosecutor's arguments on unfair sentencing are not accepted.
3. In conclusion, since each appeal against the Defendants by Defendant A and the Prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.