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The judgment below
Part concerning Defendant B and C shall be reversed, respectively.
Defendant
B Imprisonment with prison labor of eight months, and Defendant C.
Reasons
1. The summary of the grounds for appeal (Defendant B: Imprisonment with prison labor for 8 months and additional collection of 1,450,000 won, Defendant C: Imprisonment for 6 months and additional collection of 600,000 won) are too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendants ex officio, according to the records, Defendant B was sentenced to imprisonment with labor for not more than 10 months at the Busan District Court on October 22, 2019, but the appellate court rendered a judgment dismissing the appeal. The judgment became final and conclusive on February 27, 2020, Defendant C appealed with imprisonment with labor for not more than one year and eight months at the Busan District Court on November 21, 2019, but was sentenced to the dismissal judgment at the appellate court, and the above judgment became final and conclusive on February 15, 2020. As such, the crime for which each judgment became final and conclusive and the crime of this case with respect to the Defendants are concurrent crimes under the latter part of Article 37 of the Criminal Act, taking into account equity with the case where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, and the part of the judgment below against the Defendants is reversed.
3. Accordingly, the part of the judgment of the court below regarding Defendant B and C is reversed ex officio and it is again decided as follows without examining the Defendants’ assertion of unfair sentencing, and without examining the Defendants’ assertion of unfair sentencing under Article 364(2) of the Criminal Procedure Act.
[C] The summary of criminal facts and evidence against the Defendants recognized by this court is the first head of the lower judgment’s criminal facts [criminal records] and “Defendant B is currently pending in the appellate court after appealeding ten months from the Busan District Court’s imprisonment with prison labor on October 22, 2019 for the crime of interference with business, etc., and is currently serving in the appellate court.”