The judgment of the court of first instance and the judgment of the court of second instance are reversed.

Defendant

BE Imprisonment with prison labor for one year, and Defendant B for one year and six months.

Summary of Grounds for Appeal

Defendant

BE (1) Defendant BE did not participate in the assault against the victim BK at the instant site; rather, Defendant BE met the assault against the co-defendants of the first instance court; ② The punishment sentenced by the lower court to Defendant BE (one year and six months of imprisonment, and one year of short term) is too unreasonable.

Defendant

B The punishment sentenced by the lower court to Defendant B (the first instance judgment: imprisonment with prison labor for a maximum of one year and six months, the short of one year and one fine of 300,000 won, the second instance judgment: imprisonment with prison labor for a maximum of one year and four months, and the short of ten months) is too unreasonable.

Judgment

Defendant BE, on July 25, 2013, sentenced one year and six months to imprisonment with prison labor for a crime of attempted special robbery, etc. at the Incheon District Court on July 25, 2013, and confirmed on August 2, 2013. Thus, the crime of this case is a concurrent crime between the crime for which the above judgment became final and the latter part of Article 37 of the Criminal Act, and the crime of this case is a concurrent crime under the latter part of Article 39(1) of the Criminal Act, and after examining whether to reduce or exempt punishment by taking into account equity with the case where the judgment is to be held at the same time, the lower

Defendant

B After the lower court’s separate review of the Defendant B, the first instance court sentenced the Defendant to imprisonment for a maximum of one year and six months, for a short of one year and one year, for a short term of one year and fine of 300,000 won, for the second instance court sentenced to imprisonment for a maximum of one year and four months, and for a short of ten months. The said Defendant filed an appeal against the first and second instance judgment, and the said two appeals cases were decided to be reviewed together.

However, the crimes of each judgment of the court below against the above defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be determined within the scope of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the above defendant cannot be exempted from reversal.

Defendant

On the other hand, the argument of mistake of facts in the BE is examined above.