Text
All judgment of the court below shall be reversed.
Defendant
A Imprisonment of three years and two months, Defendant B's imprisonment of two years, and Defendant C.
Reasons
Summary of Grounds for Appeal
Defendant
A The sentence sentenced by the lower court to Defendant A (the first instance judgment: imprisonment with prison labor for three years, confiscation, and imprisonment with prison labor for eight months) is too unreasonable.
Defendant
B The punishment sentenced by the lower court to Defendant B (the first instance judgment: imprisonment with prison labor for two years, confiscation, and imprisonment with prison labor for six months) is too unreasonable.
Defendant
C The punishment sentenced by the lower court to Defendant C (the first instance judgment: imprisonment with prison labor for a year and six months, confiscation, and confiscation: imprisonment with prison labor for a period of six months) is too unreasonable.
Each sentence imposed by the court below on the defendant is too unhurd and unfair.
Judgment
Before deciding on the assertion of unfair sentencing by the Defendants and the Prosecutor, this Court tried by combining each appeal case against the judgment of the court below, and each of the offenses in the judgment of the court below as stated above is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of a single sentence under Article 38(1) of the Criminal Act, so the judgment of the court below is no longer maintained in this regard.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without a further determination on the Defendants and the prosecutor’s allegation of unfair sentencing, and it is again decided following the oral argument as follows.
[Discied reasoning] The criminal facts of the Defendants and the summary of the evidence recognized by this court are all the same as the entries of the judgment below in each corresponding column. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The Defendants: Articles 347(1) and 30 of the Criminal Act; Articles 352, 347(1) and 30 of the Criminal Act; and Articles 347-2 and 30 of the Criminal Act respectively;