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Each of the crimes listed in the judgment of the first instance and the part against the defendant A of the judgment of the second instance shall be reversed.
Reasons
1. Summary of grounds for appeal;
A. The punishment of Defendant A (one year of imprisonment with prison labor for the crimes set forth in the holding of the first instance court, and three months of imprisonment with prison labor for the crimes set forth in the holding of the second instance court, and six months of imprisonment with prison labor for the crimes set forth in the holding of the second instance) is too unreasonable.
B. Each sentence of the second instance court against the Defendants by the prosecutor (the Defendant A is the same as the above paragraph A., and the Defendant M is deemed to be imprisonment with prison labor for 10 months, 2 years of suspended execution, probation, and community service order 200 hours) is deemed to be too uneasy and unreasonable.
2. As to Defendant A
A. Prior to the judgment on the grounds for appeal by Defendant A and the grounds for appeal by the prosecutor against Defendant A, the first and the second first and the second and the second judgment, each appeal against Defendant A was consolidated. Each of the first and the second and each of the crimes of Defendant A among the first and the second judgment in the first and the second judgment in the first judgment, which are indicated in the first and the second judgment, constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a single sentence should be imposed at the trial at the same time in accordance with Article 38 of the Criminal Act. In this regard, each of the crimes of Article 1 of the first judgment in the first and the second judgment in the second judgment cannot be maintained.
B. Of the judgment of the first instance court, considering the following factors: (a) Defendant A’s judgment on the grounds for appeal against the second part of the crime in the judgment of the first instance as to the crime in the judgment of the first instance should consider equity with the case of larceny for which the judgment has become final and conclusive at the same time; (b) Defendant A divided his own crime; (c) Defendant A committed the instant crime in favor of Defendant A; (d) Defendant A committed the instant crime in spite of having a criminal record of the same kind; (c) Defendant A committed the instant crime; (d) the victim J was not recovered from damage; and (e) Defendant A did not endeavor to reach an agreement with the said victim; and (e) other matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as Defendant A’s age, character and conduct, and environment