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The part against Defendant A of the first and second original judgments shall be reversed.
Defendant
A shall be punished by imprisonment for one year.
Reasons
1. Summary of grounds for appeal;
A. Defendants 1) misunderstanding of facts (Defendant W) did not take part in the crime related to the “AF” website operated by Defendant V. The Defendant did not participate in the conspiracy with V, etc. to operate an illegal sports soil site or to recruit employees. 2) Each of the judgment below on unfair sentencing (Article 3-6, 30, 960, 000, 4 months of imprisonment for 8 months and confiscation, 3-6, 30, 960, and 2: 4 months of imprisonment for 6 months and additional collection), Defendant B (Articles 23, 840, 00), Defendant V (Articles 10 and 256, 978, 087), Defendant W (limited to imprisonment for 8 months and 3-6 months, 48, 346, 011).
B. Each of the above types of punishment against the Prosecutor A, B, V, W, and Z, Defendant X (two years of suspended execution in August, community service order 120 hours), DefendantY (two years of suspended execution in June, community service order 120 hours) and Defendant AA (two years of suspended execution in August, and 120 hours of community service order) are deemed to be too uneasy and unreasonable.
2. Determination
A. We examine ex officio the grounds for appeal against Defendant A and the prosecutor on the grounds of appeal against Defendant A prior to the determination of ex officio with respect to Defendant A.
This Court held that two appeals cases against Defendant A were consolidated and tried by the two original judgments, and since the crimes in the decision of each original court are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be sentenced pursuant to Article 38(1) of the Criminal Act. Therefore, the part against Defendant A among each original judgment cannot be maintained any more.
B. The following circumstances acknowledged by the lower court’s judgment regarding Defendant W’s assertion of mistake of facts, namely, from around October 2013, the “AF site” was operated, and its name was changed to “AG” and operated around February 2014. Even according to the indictment, Defendant W’s participation period is from February 2014 to June 2014.