The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor for two years and for one year.

A. The punishment sentenced by the lower court against the above Defendants A and B (unfair sentencing) (2 years of imprisonment with prison labor for Defendants A and B: one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s (unfair sentencing) sentence (as above, Defendant A and B: the same as above, Defendant C’s imprisonment with labor for one year) declared by the lower court against the Defendants is too uneasible and unfair.

2. Ex officio judgment (the part concerning the Defendants’ violation of the Punishment of Violences, etc. Act (hereinafter “Punishment of Violence Act”) (hereinafter “the Punishment of Violences Act”) on January 5, 2017)

A. On January 5, 2017, the Defendants jointly detained the victim and let the victim buy his arms in the process, the prosecutor indicted the Defendants on the grounds that the Defendants constituted both the crime of violation of the Punishment of Violences Act (joint confinement) and the bodily injury resulting from confinement, and the lower court also determined as such.

B. In such a case, the concurrence of laws refers to a case where one act appears to be an external constituent element of several crimes, but actually constitutes only one crime. In fact, whether a crime is a single crime or several crimes must be determined by considering the constituent evaluation and the aspect of the legal interests protected from the perspective of the constituent evaluation.

In addition, a special relationship, which is a form of landscape agreement, is established where a requirement for the composition of a special law is established, other than all the elements of other constituent elements. In a special relationship, an act meeting the requirements for the composition of a special law does not satisfy the requirements for the composition of a special law (see Supreme Court Decision 2012Do6503, Aug. 30, 2012). Meanwhile, the first sentence of Article 281 of the Criminal Act is punished by imprisonment for a limited term of not less than one year, if a person is injured by committing a crime under Articles 276 through 280 of the Criminal Act.

Article 276(1) of the Criminal Act provides that "Any person who arrests or confiness any other person shall be punished by imprisonment for not more than five years or by not more than seven million won.