All judgment of the court below shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for six months, and the second instance for the crimes of the first instance judgment.

1. Summary of grounds for appeal;

A. The respective punishment of the lower court against the Defendants A (the first instance court: the imprisonment of October and the second instance court: the imprisonment of March) and the first instance court’s punishment against the Defendant L (the imprisonment of August) are too unreasonable.

B. Each sentence of the first instance court against the Defendants by the prosecutor is deemed to be too unhued and unfair.

2. Determination

A. Since the judgment of the court below regarding the consolidation of Defendants A 1 and 2 was sentenced to each of the judgment of the court below, the prosecutor filed each appeal against the judgment of the court of first instance against the judgment of the court of first instance, and the court of first instance decided to hold the above appeal together with each of the above appeal cases.

However, according to the records of this case, Defendant A was sentenced to two years of imprisonment for a crime of violation of the Punishment of Violences, etc. Act (Composition and Activities of Organizations, etc.) at the Gwangju High Court on November 10, 2017 (former High Court (former High Court 2017No 114, 205 (Joint)), and Defendant A is standing, but the above judgment became final and conclusive by the final appeal dismissal ruling on February 13, 2018.

Defendant

A’s crime in the first instance judgment is committed on February 13, 2018, which was after the above judgment became final and conclusive, and each crime in the second instance judgment of Defendant A committed on September 22, 2017, which was before the above judgment became final and conclusive, and thus, Defendant A’s crime in the first instance judgment and each crime in the second instance judgment of Defendant A in the second instance are committed on September 22, 2017. Thus, each crime in the first instance judgment of Defendant A does not constitute concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a separate sentence should be imposed, regardless of the above decision for consolidated trial.

Therefore, the judgment of the court below on the sole ground of the consolidated hearing does not reverse all the judgment of the court below in a lump sum, and the judgment of the court below Nos. 1 and 2 are judged separately.

B. The judgment of the court of first instance on the grounds of appeal against Defendant A is based on the following: (a) The crime of the first instance judgment on the grounds of appeal against Defendant A, and the crime of the first instance judgment on Defendant A committed jointly with Defendant L in the waiting room for meeting with the prison of the Defendant; and (b) the crime of the Defendant A inflicted an injury on Defendant A, such as an injury on the sexual intercourse, which requires approximately 6 weeks medical treatment, in collaboration with