Defendant

A The crime of injury is committed in judgment.

2. Determination

A. Prior to the judgment on the grounds of appeal by the court below as to the judgment on the above grounds of appeal by the authority of the defendant A, the court below examined the defendant A ex officio, and sentenced the defendant A to the above punishment. The prosecutor filed an appeal against the first and second original judgments, and the court below decided to consolidate the above appeal cases. Each of the first and second original judgments against the defendant A shall be sentenced to a single sentence within the scope of punishment for aggravated concurrent crimes under Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be exempted from the reversal.

B. Considering the motive, means, and result of the instant crime, the circumstances after the instant crime, the age and character of Defendant B, the character and conduct, environment, and criminal records, etc., the lower court’s sentence against Defendant B is too unjustifiable and unreasonable. Thus, the Prosecutor’s aforementioned assertion is without merit.

3. In conclusion, the prosecutor's appeal against the defendant B is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal against the defendant B is without merit. Since the part of the judgment of the court below against the defendant A is a ground for ex officio reversal as seen earlier, the prosecutor's decision on the grounds of unfair sentencing on the defendant A is omitted, and the part of the judgment of the court below against the defendant A among the judgment of the court below is reversed

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court and the summary of the evidence.