The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B.

【Judgment on Grounds for Appeal】

1. Summary of grounds for appeal;

A. In light of the fact that the Defendants agreed with the victims, the punishment of the lower court sentenced to one year and six months of imprisonment to Defendant A and one year of imprisonment to Defendant B is too unreasonable.

B. In light of the nature of each of the instant crimes, the amount of damage, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court against the Defendants is too uneasible and unfair.

2. Prior to the judgment on the assertion of unfair sentencing by the Defendants and the prosecutor, the lower court ex officio examined each of the grounds of the lower judgment, and thereby, did not specify the crime, thereby adversely affecting the conclusion of the judgment.

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendants and the prosecutor's allegation of unfair sentencing, and the part of the judgment below against the defendants is reversed and it is again decided as follows through pleading.

[Grounds for the judgment to be dismissed] The crime history

1. The Defendants, C, and D’s joint crimes committed by the Defendants, C, and D committed the following acts: (a) upon receipt of proposals from the high school line captain, Defendant B and C, and C, which were to work at the lending company, brought up to the lending company, and then disposed of by borrowing the rental vehicle from the rental company; (b) Defendant B, C, C, and D, the transport of leased vehicles, and K, to share the removal of GPS in the leased vehicle.

On September 20, 2012, at around 18:45, the Defendants, together with C and D, waited for outside the management office of the victim in Suwon-si L, and Defendant A, C and D, who entered the above office and received a driver’s license in the name of NN from Defendant A, as the president of the management office of the dispute.