Defendant

A Imprisonment for one year, and each of the defendants B and C shall be punished by imprisonment for four months.

except that this shall not apply.

2. Considering that the nature of the instant crime is not good, and that the amount of damage caused by the instant crime is not considerable, strict punishment against the Defendants is required.

However, the defendants confession all of the crimes of this case when they were in the trial of the party and repent their mistakes, Defendant A is the first offender who has no record of crime, Defendant B and C has no record of punishment for the same kind of crime, the defendants reached an agreement with the rest of the members of the clan of this case, which is the victim when they were in the trial of the party, and other conditions of sentencing specified in the arguments of this case, such as the defendants' age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are considered, and thus, the sentence of the court below against the defendants is too unreasonable. Thus, the above argument by the defendants is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 356 and 355(1) of the Criminal Act; Articles 356 and 355(1) of the Criminal Act; the choice of imprisonment

B. Defendant B: Articles 356, 355(1), and 30(general) of the Criminal Act; Articles 356, 355(1), and 30 of the Criminal Act; the choice of imprisonment

C. Defendant C: Articles 356, 355(1), and 30 of the Criminal Act (in general, the Defendant does not have a custodian’s identity, and the Defendant does not have a custodian’s identity, so the Defendant is subject to punishment under the proviso of Article 33 and Article 50 of the Criminal Act under the proviso of Article 35(1) of the Criminal Act, and Article 355(1) of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act