Defendant B’s judgment 2016Kadan2372 is reversed.

Defendant

B shall be held.

A. The sentence of Defendant A (10 months of imprisonment) is too unreasonable.

Defendant

B asserts that the appeal was filed by filing a petition of appeal within the filing period.

According to the records, it is recognized that Defendant B filed a statement of grounds for appeal on October 4, 2016 when the period for filing an appeal expires, and the fact that Defendant B filed a petition of appeal within the period for filing an appeal is not recognized. Therefore, the argument that Defendant B appealed is rejected.

Defendant

B also asserts that the incidental appeal was filed, but since the incidental appeal was not recognized in the criminal procedure, the above argument cannot be accepted.

B. The lower court’s sentence against the Defendants (i.e., Defendant A: imprisonment with prison labor for 10 months; (ii) Defendant B: imprisonment for each of the crimes of 2016 senior group 1883 as indicated in its holding; (iii) imprisonment for 2 months with prison labor for each of the crimes of 2016 senior group 1883; (iv) imprisonment for 6 months of probation; (v) imprisonment for 2 months of probation; and (v) community service order for 80 hours) is too uneasible.

2. We examine the judgment of the court below prior to the judgment of ex officio on the part on each of the crimes in subparagraph 2016 order2372 of the judgment of the court below regarding Defendant B’s respective crimes in subparagraph 2016 order2372 of the judgment of the court below.

A. The record reveals the following facts.

① On September 22, 2015, Defendant B was sentenced to six months of imprisonment with prison labor for special larceny at the Seoul Southern District Court, and such judgment became final and conclusive on October 1, 2015.

② On January 14, 2016, Defendant B was sentenced to four months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) in the same court, and such judgment became final and conclusive on April 15, 2016.

③ The crime of the preceding two is ① the crime committed on April 27, 2015, which was prior to the date the judgment of the preceding and the crime became final and conclusive.

④ The crimes in subparagraphs 2016 and 2372 as indicated in the holding of the lower judgment are ① the crimes committed on December 24, 2015, which were before and after the judgment of the lower court.

B. Therefore, the crime of each subparagraph 2, 2372 of the holding of the lower judgment, and the crime of the preceding subparagraph, are judged at the same time from the beginning.