A. Defendant AZ,O, A, BB, BC 1) Defendant AZ, BA, BB, and BC (Defendant AZ: Imprisonment with prison labor for one year and six months, Defendant BA: imprisonment for one year and one year, Defendant BB: imprisonment with labor for one year, two years of suspended execution, community service work 120 hours, Defendant BC, and one year of imprisonment for one year) is too unreasonable.

2) The sentence of the lower court (No. 1: imprisonment with prison labor for a year, suspension of execution for a year, and community service work for a period of 120 hours) is too unreasonable.

3) The punishment of the lower court against Defendant A (No. 1: Imprisonment with prison labor for 1 year, and 3: Imprisonment with prison labor for 10 months) is too unreasonable.

B. The lower court’s sentence against Defendant O and N (for each of the Defendants, one year of suspended sentence, three years of suspended sentence, observation of protection, community service work 120 hours) is too uneased and unreasonable.

2. Determination

A. An ex officio judgment (ex officio reversal) 1) as to DefendantO, the first and second judgments of the lower court against DefendantO were rendered, and DefendantO filed each appeal against the first judgment of the lower court, and the prosecutor filed each appeal against the second judgment of the lower court, and the said court rendered a decision to jointly examine the above two appeals cases.

Defendant

Pursuant to Article 38(1) of the Criminal Act, each crime of the first and second judgment againstO is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the part of the judgment of the court below against the defendantO among the first and second judgment cannot be maintained.

2) As to Defendant A, the judgment of the court below and the judgment of the court below of first instance against Defendant A rendered each of the judgment below and the judgment of the court below of third, Defendant A filed each appeal against them, and this court decided to hold a joint hearing of the above two appeals cases.

Each crime of the first and third judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus a single sentence shall be imposed pursuant to Article 38(1) of the Criminal Act. As such, the part against the defendant A and the judgment of the third judgment of the court below among the judgment of the court of first instance cannot be maintained.

(b).