Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for six months.

Defendant

B.

A. In light of the fact that Defendant A’s Defendant recognized the facts charged in this case and divided his mistake in depth, the victim C did not want to punish the Defendant, part of the body of this case was returned to the Defendant, and the Defendant is unable to cope with a prison life due to high blood pressure, etc., punishment (eight months) imposed by the lower court is too unreasonable.

B. In light of the fact that Defendant B, who agreed with the victim N, does not want the punishment against the Defendant; all stolens acquired by the Defendant were seized; some of them were returned to the victim; and the Defendant did not have any record of punishment due to the crime of injury or the acquisition of stolens, etc., the punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. We examine the grounds for appeal against Defendant A ex officio prior to the judgment on the grounds for appeal.

According to the records, the defendant was sentenced to six months of imprisonment by the Seoul Southern District Court on May 11, 2017 and the judgment became final and conclusive on May 19, 2017.

Therefore, inasmuch as the crime of each of the judgment below and the crime of interference with the above business, for which the judgment of the court below became final and conclusive, are concurrent crimes with the latter part of Article 37 of the Criminal Act, a punishment for each of the crimes in the judgment of the court below should be sentenced in consideration of equity with the case where the judgment is to be rendered at

In this respect, the part concerning Defendant A among the judgment of the court below cannot be maintained as it is.

B. There are no special circumstances or changes in circumstances that may be newly considered after the sentence of the lower judgment with respect to Defendant B.

Not only has been punished several times for violent crimes, but also the defendant committed each of the crimes of this case without being aware of during the period of repeated crime.

In addition, the defendant's age, gender, including those favorable or unfavorable to the defendant, is committed.