The part of the judgment of the court of first instance and the judgment of the court of second instance against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The lower court’s respective punishment against Defendant A (the first instance judgment: imprisonment with prison labor for 10 months, and the second instance judgment: imprisonment with prison labor for 3 months) is too unreasonable.

B. The lower court’s punishment No. 2 against Defendant AB Defendant AB ( Imprisonment with prison labor for three months) is too unreasonable.

2. The court below's ex officio decision with respect to Defendant A filed an appeal against Defendant A, and the Defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold concurrent hearings with respect to the above two appeals cases. Since each of the offenses against Defendant A with respect to the judgment of the court below Nos. 1 and 2 are concurrent offenses under the former part of Article 37 of the Criminal Act, a single sentence should be imposed in accordance with Article 38 (1) of the Criminal Act, the judgment of the court below is no longer maintained.

3. Although Defendant AB’s confession of a crime and agreed to the agreement with the victim AE is recognized as favorable to the defendant, the fact that the defendant had been punished several times for the same kind of crime, and that the defendant again committed the crime of this case during the repeated crime period, and other various circumstances, including the defendant’s age, sex and environment, motive, means and consequence of the crime, and circumstances after the crime, are considered to be unfair because the court below’s punishment against Defendant AB is too excessive.

4. If so, Defendant AB’s appeal is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and there is a ground for ex officio reversal as seen earlier with respect to Defendant A. Thus, without examining the aforementioned Defendant’s unfair argument of sentencing, the part of the judgment of the court below 1 and the judgment of the court below 2, pursuant to Article 364(2) of the Criminal Procedure Act, are reversed, and the part of the judgment of the court below 2 and the judgment of the court below

Criminal facts

The Criminal Procedure Act is the same as the statement in each corresponding column of the first and second judgments on the summary of the evidence.