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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal, the degree of insult against the victim D is not minor in light of the content of text messages sent by the defendant A, and the other party who sent text messages included the same representative and the resident who had conflicting relations with the defendant with the dismissal problem of the election management members of the apartment of this case. The theft crime of the defendant B was committed against the husband and the other party, who was the election management member of the apartment of this case, to prevent the dismissal against the defendant A.
Defendant
A denies the instant crime and did not reach an agreement with the victims.
In full view of these circumstances, the lower court’s sentence against the Defendants (the suspended sentence of a fine of KRW 500,000) is too uneased and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court on the sole ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ
(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Although the lower court’s sentence appears to be somewhat uneasible when considering the various circumstances asserted by the prosecutor, it is difficult to deem that the Defendants exceeded the reasonable bounds of its discretion, and that there was no submission of new sentencing materials unfavorable to the Defendants in the trial. Accordingly, the Prosecutor’s sentencing order is rejected.
3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.