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The judgment below
The remainder of the compensation order, excluding the compensation order, shall be reversed.
Defendant
A shall be punished by imprisonment for a period of two years and six months.
Reasons
1. The grounds of appeal asserted that the sentencing of the lower court is too inappropriate.
(2) On the other hand, prior to the judgment on the Defendants’ assertion of unfair sentencing, Defendant B’s assertion of unfair sentencing on the second trial date of the trial, the lower court should have determined each of the crimes as concurrent crimes because the former part of Article 37 of the Criminal Act is in concurrent crimes, and thus, the lower court did not escape from reversal, as it did so.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act on the ground of ex officio reversal, and the judgment below is ruled again as follows.
Criminal facts
The summary of the evidence and facts charged against the Defendants and the summary of the evidence recognized by the court are identical to the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
(However, the lower court’s second 10th Ham Ham Ham Ham-31 related to the Gyeonggi-gun G, and the second 15th Ham Mam 631st Mam Mam 15th Mam 301, respectively, revised the respective “Yeju-gun M 301 square meters,” and added the Defendants to the summary of the evidence of the lower judgment.
1. Relevant Article of the Criminal Act and the single criminal conduct by Defendant A of the choice of punishment for the crime: Each of the Articles 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, each of the Articles 228 of the Criminal Act, Articles 229 and 228 of the Criminal Act, each of the Articles 347 (1) of the Criminal Act, each of the Articles 231 and 30 of the Criminal Act, each of the joint criminal conduct by the Defendants of choice of imprisonment: Articles 234, 231, and 30 of the Criminal Act, Articles 232, 230 of the Criminal Act, each of the Articles 234, 232, and 232 of the Criminal Act, each of the Articles 234, 232, and 30 of the Criminal Act, each of the Articles 232, 232, and 30 of the Criminal Act.