Defendant

A and B shall be punished by imprisonment with prison labor for one year and four months, and by imprisonment with prison labor for six months.

A. Each punishment sentenced by Defendant A and B (10 months of imprisonment, and 6 months of imprisonment, respectively) is too unreasonable.

B. The sentencing of the lower court against Defendant C (exemption from punishment) by the Prosecutor No. 2 is too unhued and unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by Defendant A, B, and B, the argument was joined in the trial by filing an appeal against the judgment of the court below ex officio prior to the judgment on the grounds for appeal by the court below. Each of the crimes that the judgment of the court below puts on the market is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below that rendered a separate sentence for each of the above crimes cannot be maintained in this respect.

B. Determination as to the grounds for appeal by the prosecutor (as to the part against Defendant C in the judgment of the court below of the second instance) is recognized that Defendant C made a confession of all the crimes and divided his mistake in depth, the amount of individual damage is not so significant, and the judgment of the court of first instance became final and conclusive on September 20, 2017 after being sentenced to imprisonment with prison labor for a year and two months from August 24, 2017 through special larceny, etc., on which the judgment became final and conclusive on September 20, 2017, provided that Article 37 of the Criminal Act should be imposed at the same time in consideration of the case where the judgment is to be rendered at the same time pursuant to

However, in light of the motive and method of the crime of this case, the crime of this case is bad, the defendant C committed a crime of this case, even though he had been subject to criminal punishment over several times due to the same crime, after having been sentenced to imprisonment for the same kind of crime, etc., and has been discharged from the prison due to the same crime, and the victim has not been recovered, and the victim has not been sentenced to imprisonment. The first instance court's judgment (number of crimes: 12 times in total; 12 times in total; 965,500 won in total; 1,925 won in total and 1,000 won in total) compared with the size of the crime of this case (the number of crimes: 4 times in total:4 times in total; 1,965,500 won in the first instance judgment of 2017 and 1,038.).