Defendant

All appeals filed by A and B and by the prosecutor are dismissed.

1. Grounds for appeal;

A. The lower court’s sentencing against Defendant A, B, and B is too inappropriate.

B. The lower court’s sentencing against the Defendants by the prosecutor is too uncomfortable.

2. Determination

A. The sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the judgment of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing in the course of the first instance sentencing review and the sentencing criteria, etc., or where it is deemed unfair to maintain the first instance sentencing as it is in full view of the materials newly discovered in the course of the appellate court’s sentencing review.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). (B)

Defendant

The circumstances alleged by A, B, and prosecutor as an element of sentencing in the trial of the court below are revealed to have been suspended during the oral proceedings of the court below or to have been sufficiently considered in the decision of the court below, and there is no particular change in the situation in the sentencing guidelines and the matters subject to the conditions of sentencing after the decision of the court below was rendered.

Defendant

B The court below denied a crime in the court below and recognized it, but it is difficult to regard it as a change in circumstances that can change the sentence of the court below.

The court below obtained the defendants' age, character and conduct, motive, means and consequence of the crime, degree of participation, and the degree of participation in the crime.