The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant .

1. Summary of grounds for appeal;

A. Defendant A: The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

B. Prosecutor: According to the misunderstanding of facts as to Defendant B and the misunderstanding of legal principles, A appears to be a fact that A voluntarily demanded H money without the Defendant.

However, according to the other statements made by A, the Defendant stated in advance that he would be able to receive money from H, and there was no specific discussion about the price in advance.

Even if the economic benefits of the street have been naturally anticipated, the economic benefits of the street have been anticipated.

It is reasonable to view it.

H immediately after the delivery of money to A, informed the Defendant of such fact, and the Defendant’s “I am son”

The purport of “A” was stated to the effect that “A” was immediately demanded money and was paid in installments.

In full view of these facts, even if the Defendant did not discuss the payment of royalties in advance with A, the Defendant conspired to acquire economic benefits from the royalties.

It is reasonable to view it.

Therefore, the defendant's crime of violation of defense justice is established.

2. Ex officio determination with respect to Defendant A constitutes concurrent crimes under the proviso of Article 37 of the Criminal Act, “a crime for which judgment to face imprisonment without prison labor or heavier punishment has become final and a crime committed before such judgment has become final and conclusive.” In such cases, a crime for which judgment has not been rendered among concurrent crimes under Article 39(1) of the Criminal Act and a crime for which judgment has not become final and conclusive shall be sentenced in consideration of equity and the same.

In light of the language, legislative purport, etc. of each of the above provisions, in a case where a crime for which judgment has not yet been rendered could not be judged simultaneously with a crime for which judgment has already become final and conclusive, the relationship of concurrent crimes cannot be established after Article 37 of the Criminal Act, and the relationship of concurrent crimes cannot be established, and the case where judgment is concurrently rendered pursuant to Article 39(1)