폭력행위등처벌에관한법률위반(우범자)등
Of the judgment of the court of first instance, the part on Defendant A and C and the part on Defendant A and CB among the judgment of the court of second instance, and the part on Defendant A and CB.
The summary of the grounds for appeal is that the punishment sentenced to the first and second instances of Defendant A (the first instance judgment: imprisonment with prison labor for one year and the second instance: imprisonment with prison labor for one year) is too unreasonable.
Defendant
C The punishment sentenced by the first instance court (one year of imprisonment) is too unreasonable.
The sentence that the second instance court sentenced to Defendant A, the CA and the CB (Defendant A: imprisonment with prison labor for one year, Defendant CA: imprisonment with prison labor for one year, suspended execution for two years, observation of protection, and Defendant CB: fine of three million won) is too uneasable.
Judgment
Defendant
The first instance court's judgment of ex officio appellate court against A sentenced a conviction on the facts charged against Defendant A, on the ground that Defendant A appealed for an improper sentencing, and the second instance court dismissed the prosecution against the intimidation among the facts charged against Defendant A, and the second instance court convicted the remainder of the facts charged, respectively. Defendant A and the Prosecutor appealed on the grounds that each of the facts charged against Defendant A and the second instance judgment was unfair.
Therefore, since the part of the judgment of the court below of the second instance which was dismissed by the defendant A and the prosecutor without appeal is separated and confirmed as it is, it is excluded from the scope of the judgment of this court, and only the part of the judgment of the court of first instance against the defendant and the part of the judgment of the court of second instance against the defendant belongs to
In the judgment of ex officio, Defendant A appealed from the judgment of the court of first instance and the judgment of the court of second instance, and this court made a decision to concurrently examine the above two appeals cases. Each of the crimes in the judgment of first and second instance against Defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and shall be punished with a single sentence in accordance with Article 38(1) of the Criminal Act. Thus, since the part against Defendant and the judgment of the court of second instance against Defendant cannot be maintained as they are, among the judgment of the court of first instance, the part against Defendant and the part against Defendant in the judgment of second.
Defendant
The Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings(hereinafter referred to as the "Special Cases Act") ex officio judgment on C.