Of them, the part against Defendant C shall be reversed.

Defendant

C shall be punished by a fine of two million won.

Defendant

C.

1. As to the sentence of the court below against the defendants (the defendant A: the fine of KRW 8 million, the defendant B, and the defendant C: each fine of KRW 5 million), the defendant A asserts that it is too unreasonable, and the prosecutor argues that it is too unreasonable.

2. Determination

A. We examine ex officio the grounds for appeal against Defendant C prior to determining ex officio on the grounds of appeal against Defendant C.

Where concurrent crimes prescribed by the latter part of Article 37 of the Criminal Act before a judgment of the first instance was rendered after the judgment of the appellate court was rendered and a final and conclusive judgment to sentence punishment was rendered pursuant to Article 39(1) of the Criminal Act, the appellate court shall ex officio reverse the judgment of the first instance and

(See Supreme Court Decisions 2010Do15253 Decided January 13, 201, and 2012. Supreme Court Decision 2012Do9295 Decided September 27, 2012, etc.) According to the records, Defendant C was sentenced to imprisonment with prison labor for not more than one year and six months at the Gwangju District Court on July 31, 2014, and the said judgment became final and conclusive on September 3, 2014. Thus, the crime for which the said judgment became final and conclusive and the instant crime by Defendant C are concurrent crimes under the latter part of Article 37 of the Criminal Act.

Therefore, the sentence shall be determined in consideration of equity in the case where the judgment is rendered at the same time in accordance with Article 39(1) of the Criminal Act by reversal ex officio. In this regard, the part against Defendant C among the judgment below is no longer maintained.

B. The Defendants, who made a judgment on the sentencing of Defendants A and B, are both led to the confession of crimes, and they are against the victim. Defendant B agreed with the investigative agency, and the victim expressed his intent not to want the punishment of the Defendants in the court of original instance, and resulting in contingent crimes, etc., and Defendant A was sentenced to four years of imprisonment with prison labor for the crimes of violation of the Punishment of Violences, etc. Act (organization of Organization, etc.) at Seoul High Court on December 28, 2007 and on February 28, 2011.