The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.

The defendant shall be punished by imprisonment for a maximum term.

Summary of Grounds for Appeal

A. The punishment of Defendant A2 (long-term 10 months of imprisonment, short-term 8 months) of the lower judgment is too unreasonable.

B. The sentence of the first instance judgment by the prosecutor (one year and six months of imprisonment, two years of suspended execution) is too unfluent and unfair.

2. The judgment of the court below against the defendant in the judgment of the court of second instance was sentenced to the judgment of the court of second instance, and the prosecutor appealed against the judgment of the court of first instance, and this court decided to hold a joint hearing of each appeal case.

The crime of the judgment of the court below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, so the judgment of the court below is no longer able to be maintained.

3. The part of the judgment of the court of first instance regarding the defendant and the judgment of the court of second instance on the ground that there exists a ground for ex officio reversal as seen above, the part of the judgment of the court of first instance and the judgment of the court of second instance are reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of each judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 334 (2) and (1), 333 (Special Robberys, Selection of limited imprisonment), Article 331 (2) and (1) of the Criminal Act, Article 329 of the Criminal Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, Articles 330 and 319 (1) of the Criminal Act concerning the selection of criminal facts, and Articles 334 (2) and (1), 333 (Special Robberys, Selection of Imprisonment), Article 331 (2) and (1) of the Criminal Act concerning the selection of punishment;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;