The judgment below

The guilty portion shall be reversed.

Defendants shall be punished by imprisonment with prison labor for a maximum of four years and six months.

1. The lower court found the Defendant not guilty of the charges of robbery No. 1 among the facts charged in the instant case on the grounds that there is no evidence to acknowledge that there was an injury. However, the lower court found the Defendant guilty of the attempted special robbery included in the instant facts charged, and did not separately sentence the Defendant not guilty.

Defendants appealed from the judgment below on the grounds that the sentencing was unfair, and the prosecutor did not appeal.

Therefore, the part of the judgment of the court below against the Defendants was separated and finalized as it is.

The judgment below

The portion of the non-guilty part against the Defendants is also subject to this Court by the indivisible principle of appeal, but that part is already excluded from the object of attack and defense between the parties, and thus, it cannot be determined by this court as well (see, e.g., Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do12934, Jan. 14, 2010). Accordingly, the scope of this court’s trial is limited to the part which the lower court found guilty.

2. The summary of the grounds for appeal (the defendants A: imprisonment with prison labor for a maximum of five years, for a short of four years, for a short term of four years, for a short term of four years, for a short term of three years, for a short term of three years) is too unreasonable.

3. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined ex officio prior to the judgment on the grounds for the appeal by authority, and the prosecutor tried against the Defendants, “Violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.)” as “special injury”, and “Violation of the Punishment of Violences, etc. Act (damage, etc. to the registered object of a collective deadly weapon)” as “damage to special property”. Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, “Article 257(1) of the Criminal Act” as “Articles 258-2(1) and 257(1) of the Criminal Act”, and “Article 3(1) and 2(1)1 of the Punishment of Violences, etc. Act” as “Article 257(1) of the Criminal Act.”