The judgment of the court below is reversed.

Defendant

A Imprisonment of two years, imprisonment of one year and six months, and imprisonment of two years for Defendant C, respectively.

1. The sentencing of the court below (the sentencing of the defendants A: three years of imprisonment; one year and six months of imprisonment; two years of imprisonment) against the defendants in summary of the grounds for appeal is too unreasonable.

2. In the trial of the competent court, the prosecutor applied for permission to amend the Bill of Indictment to withdraw Articles 37 and 38 of the Criminal Act among the applicable provisions in relation to robbery of the Defendants, and this court was allowed to do so and the subject of the trial was changed.

Therefore, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendants' assertion of unfair sentencing, on the grounds of the above reversal. It is so decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the description of each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and subparagraph A of the final sentence concerning the crime: Articles 342, 334(2) and (1), 33, and 30 of the Criminal Act [the charge of attempted special robbery and the choice of limited imprisonment: Provided, That the upper limit of the punishment shall be the same; hereinafter the same shall apply;

(15) Imprisonment with prison labor prescribed in the main sentence of Article 42 shall be 15 years), Article 81 subparag. 2, Article 12(1) of the Automobile Management Act (Operation of Motor Vehicle without Registration, Selection of Imprisonment with prison labor), Defendant B, Defendant C: Articles 342, 334(2) and (1), 333, and 30 (Selection of Imprisonment with prison labor, but the maximum of imprisonment with prison labor shall be 15 years) of the Criminal Act.

1. Article 35 of the Criminal Act Aggravation of repeated crimes (Defendant A);

1. Mitigation and mitigation (as to the defendant and the crime of attempted special robbery), Articles 25 (2) and 55 (1) 3 of the Criminal Act of each Criminal Act;

1. Aggravation of concurrent crimes (Defendant A) (Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes of Attempted Special Robbery) of the Criminal Act;