Of the judgment of the first instance court, the part against Defendant A and the part of the application for compensation order among the judgment of the second instance shall be excluded.

The summary of the grounds for appeal (unfair punishment) decisions of the court below (unfair punishment: 1 year of imprisonment with prison labor of the first instance court, 1 year and 6 months of imprisonment with prison labor of the second instance court, 3 million won of fine of the third instance court, 8 months of imprisonment with prison labor) are too unreasonable.

Judgment

A. We examine the judgment of Defendant A (1) 1 and the judgment of the second instance court prior to the judgment on this part of the grounds for appeal.

The court of the first instance decided to consolidate each appeal case against the original judgment.

However, each crime of the first and second court decisions against the defendant is in a concurrent crime under the former part of Article 37 of the Criminal Act, and each of the above decisions should be sentenced to a single punishment in accordance with Article 38 of the Criminal Act in the event that both the first and second court decisions are concurrently rendered and ruled at the same time.

Therefore, it became impossible to maintain the first and second court decisions as it is.

(2) As to the judgment of the third instance court, the above judgment cannot be sentenced to imprisonment for the crime of this part in accordance with the principle of prohibition of disadvantageous change in the position of the defendant in this case on the ground of unfair sentencing in which only the defendant A was sentenced to a fine, and the defendant appealeds on the ground of unfair sentencing. (2) The above judgment cannot be sentenced to a sentence which is a single to the other judgment of the original court.

However, considering the fact that the above defendant has the same power and other conditions of sentencing of the same kind of case, age, character and conduct, environment, criminal record, motive for the crime, means and methods of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.

B. The above judgment on Defendant B is a favorable circumstance that the Defendant led to confession and reflects, etc.

However, the crime of this case requires strict punishment for a single-sing crime committed in a systematic and planned manner, and the above defendant does not take charge of simple withdrawal, but rather commits his passbook.