Defendant

A Imprisonment with prison labor of 2 years and 4 months, Defendant I shall be sentenced to imprisonment of 1 year and 6 months.

A. The respective punishment (i.e., imprisonment of one year and six months, (ii) imprisonment of the second instance court, 4 months, and (iii) imprisonment of the third instance court) by Defendant A (unfair punishment) Nos. 1, 2, and 3 of the lower court is unfair and unfair.

B. The sentence of the court below (one year and six months of imprisonment) No. 2 of the defendant I (unfair punishment) is too unreasonable.

C. Defendant J 1) misunderstanding of facts did not receive the money from the victims, but received the money from the victims under the business partnership agreement concluded with the victim P, V, and AP, and the victim AB shared the advertisement fee and received part of the advertisement fee. Nevertheless, the court below found Defendant J guilty of violating the Punishment of Violence, etc. Act (joint conflict) against Defendant J, and erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) The court below’s sentence (one year of imprisonment) by the second instance court of unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. Determination 1 ex officio is examined prior to the judgment on the grounds for Defendant A’s appeal. The judgment of the court below was rendered against Defendant A, and each of the above appeals was filed against Defendant A, and this court decided to hold concurrent hearings of each of the above appeals. The crime of each of the judgment below against Defendant A is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus one sentence is to be imposed pursuant to Article 38(1) of the Criminal Act. Thus, each of the judgment below is not maintained. 2) On the other hand, according to the evidence submitted by the prosecutor at the trial, Defendant I is acknowledged to have been sentenced to two years after suspension of execution for six months from the Cheongju District Court on November 8, 2018 to the Employment Security Act, and the above judgment became final and conclusive on September 28, 2019.

As above, the crime for which judgment has become final and conclusive and each crime in the judgment of the second instance are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the sentence should be imposed in consideration of equity with the case where the judgment is rendered at the same time in accordance with the first part of Article 39(1) of the Criminal Act. In this regard, the