Text
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.
except that this shall not apply.
Reasons
1. Summary of grounds for appeal;
A. Defendant B’s defense counsel asserted that “Defendant B did not participate in the crime described in paragraph (2) of the instant facts charged” through the written grounds for appeal submitted on December 21, 2015 and March 3, 2016, which was later than the end of the period for filing the appeal, through the written reasons for appeal filed on March 3, 2016.” This cannot be deemed a legitimate ground for appeal as it was raised after the lapse of the period for filing the appeal, and there is no reason to review ex officio.
The sentence of the court below against the defendant (two years of the suspended sentence in one year and six months) is too unreasonable.
B. The lower court’s sentence against Defendant A (a two-year suspended sentence, three-year suspended sentence, and 40-hours of community service order) against the public prosecutor (unfair sentencing against Defendant A) is deemed unreasonable.
2. Prior to the judgment on the grounds of appeal by the Defendant B and the prosecutor ex officio, the Prosecutor’s violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) among the names of the crimes against the Defendants in the trial of the Party, as “special coercion”, and “violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” in the applicable legal provisions, “Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act, Articles 257(1) and 30 of the Criminal Act, and Articles 257(1) and 257 of the Criminal Act, and 30 of the Criminal Act are deemed to be null and void in the judgment of the court below, and thus, the Prosecutor’s amendment of the Criminal Act to Article 3(1) and the former part of Article 3(2)2 of the Punishment of Violences, etc. Act and Article 30(3)4 of the Criminal Act and Article 30 of the Criminal Act were to be deemed to be concurrent.”
3. Accordingly, the judgment of the court below shall be reversed ex officio.