특수강도등
All appeals by the Defendants are dismissed.
1. As to the part of Defendant B’s assault, the first instance court sentenced the dismissal of prosecution on the ground of the victim’s expression of intent not to punish the victim, and the appeal was lodged against Defendant B, the above part does not have any interest in appeal.
Therefore, since the above part is excluded from the object of adjudication, the scope of adjudication is limited to the remainder of the judgment of the first instance and the judgment of the second instance.
2. The summary of the grounds for appeal (the defendant A) Nos. 1 and 2, which the court below sentenced to the defendants (the defendant A: 3 years of imprisonment and a fine of 300,000 won (the court below's judgment), 2 years of imprisonment with prison labor and a fine of 300,000 won (the court below's judgment), 3 months of imprisonment with prison labor (the court below's judgment No. 2), and the defendant B
3. Determination
A. Defendant A appealed all the judgment of the court below that was pronounced guilty. According to the evidence duly adopted and examined by the court below, Defendant A was sentenced to one year and six years of imprisonment with prison labor for violation of the Punishment of Violences, etc. Act (joint conflict) at the Changwon District Court on October 19, 2012, and the judgment became final and conclusive on October 27, 2012 (hereinafter “(1).
(B) On December 22, 2013, the judgment of the court below of the second instance on December 12, 2012 (hereinafter “B prior to”) was rendered on June 14, 2013 by sentenceing 2 years of imprisonment with prison labor for a violation of the Punishment of Violence, etc. Act (joint conflict) at the Changwon District Court on June 14, 2013 and 1.50,000 won (hereinafter “B prior to”) on June 22, 2013
, ㉣ 그 이후인 2014. 3. 18. 및
3. The facts that the crime of the judgment of the court of first instance was committed, and (2) the crime of the preceding section was committed, and (2) the crime of the preceding section was committed before the day when the judgment of the court of first instance became final and conclusive, and thus, the crime of the second section of the judgment of the court of second instance and the crime of the preceding section became final and conclusive.
2. If so, the judgment of the court below No. 2-1.