The judgment below

Among them, the part against Defendant A is reversed.

Defendant

A shall be punished by imprisonment for four months.

Defendant

C. D.

1. The decision of the court below on the gist of the reasons for appeal (for defendant A: 6 months of imprisonment, for defendant C: 2 years and 6 months of imprisonment, and for defendant D: 8 months of imprisonment) is too unreasonable.

2. Determination

A. According to the judgment of the lower court on the part concerning Defendant A, Defendant A was sentenced to imprisonment for eight months on September 21, 2016 with labor for violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) in the Credit Support by Suwon Friwon, etc., and the said judgment was finalized on January 25, 2017.

Since the defendant committed each crime in the judgment of the court below before the above judgment became final and conclusive, each crime in the judgment of the court below is in the relation of concurrent crimes between the above final judgment and the latter part of Article 37 of the Criminal Act.

In this regard, the lower court, in accordance with Article 39(1) of the Criminal Act, determined a sentence without considering equity in the case of a judgment at the same time with the final and conclusive judgment.

Therefore, the court below erred by misapprehending the legal principles of single concurrent crimes after Article 37 of the Criminal Act, which affected the conclusion of the judgment. In this regard, the part of the judgment below against Defendant A cannot be maintained any more.

B. Of the lower judgment, Defendant C and D’s grounds for appeal are determined as to the grounds for appeal by Defendant C and D. 1) The fact that Defendant C confessions all of the instant crimes and objects to it, and the crime of violation of the Punishment of Violences, etc. Act (joint conflict) against the victim S is an attempted crime, and the victim S and R compensates for damages, and reached an agreement.

However, except the above S and R, the damage recovery and agreement has not been reached with the other victims, the defendant C committed each of the crimes of violation of the Punishment of Violences, etc. of this case (joint conflict) in a leading and active position, there are a large number of criminal records, and in particular, the crime of this case was committed during the period of repeated crime after being sentenced to a sentence of one year and six months for the crime of injury, violation of the Punishment of Violences, etc. Act (joint conflict), and the execution thereof was completed, and the defendant C committed the crime of this case by using L who was a minor.