Of the judgment of the court below of first instance, the part against Defendant A and the judgment of second court shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor of one year and nine months.

1. Summary of grounds for appeal;

A. The first instance court’s judgment ( Both appeals) 1) Defendants 1’ penal punishment of KRW 3 million sentenced to the Defendant A, which was sentenced to imprisonment of one year and six months, and a fine of KRW 1 million sentenced to the Defendant B, is too unreasonable. 2) The first instance court’s penal punishment sentenced to the Defendants by the Prosecutor, which is too uneasible and unfair.

B. The imprisonment with prison labor for three months sentenced by the court below of the second instance judgment (Defendant A appeal) is too unreasonable.

2. Ex officio determination (Defendant A) made a decision to examine ex officio prior to the judgment on the grounds for appeal against Defendant A and the Prosecutor against Defendant A, and the appeal against the lower judgment was filed and the court of the first instance rendered a decision to concurrently examine the above appeal cases. Each of the crimes of the lower court in the first and second concurrent relationship with each other under the former part of Article 37 of the Criminal Act, which is within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. As such, the part against Defendant A among the lower judgment of the first instance and the second judgment cannot be maintained as they are.

[2] Although Article 247 of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013) is applied, the lower court erred by applying Article 247 of the current Criminal Act. 3. In full view of the following: (a) the background, motive, and content of the crime of determining unfair sentencing with respect to Defendant B; (b) the relationship with Defendant A, who is a concealed offender; (c) the circumstances after the crime; and (d) all the sentencing conditions in the records and pleadings, including the fact that there is no history of punishment, the lower court does not deem that the sentence imposed on Defendant B is heavy or unreasonable.

4. Accordingly, the appeal by Defendant B and the prosecutor against Defendant B is without merit. Thus, the decision of the court of first instance regarding Defendant A and the decision of the court of second instance is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. The judgment of the court of first instance on the grounds of the above ex officio reversal.