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The judgment of the court below is reversed.
Defendant
A 4 months of imprisonment with prison labor for the crimes of the first, second and third crimes of the judgment of the court of Grade A.
Reasons
1. Summary of grounds for appeal;
A. Each sentence (Defendant A: 10 months of imprisonment with prison labor; 6 months of imprisonment with prison labor; 2 months of imprisonment with prison labor; and 4 months of imprisonment with prison labor) declared by the court below to the Defendants is too unreasonable.
B. Each sentence sentenced by the court below to the Defendants is too uneasible and unfair.
2. Ex officio determination
A. On September 13, 2012, Defendant A was sentenced to a suspended sentence of one year for a violation of the Military Service Act at the Ulsan District Court, which was sentenced to one year of imprisonment on September 21, 2012, and the said judgment became final and conclusive on September 21, 2012. On July 3, 2014, Defendant A was sentenced to three years of imprisonment for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and the judgment became final and conclusive on January 16, 2015, and was integrated with other cases after the commencement decision was issued upon the request for reexamination by the Defendant and became final and conclusive on May 4, 2016, and was sentenced to three years and six months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint injury) at the Ulsan District Court on September 1, 2016.
B. Defendant B was sentenced to a suspended sentence of six months for a violation of the Punishment of Violences, etc. Act at the Ulsan District Court on September 26, 2013, and the judgment became final and conclusive on October 5, 2013. On July 3, 2014, Defendant B was sentenced to a prison term of four years for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and the judgment became final and conclusive on January 16, 2015. On November 16, 2015, Defendant B was sentenced to a prison term of six months for a violation of the Punishment of Violences, etc. Act (joint injury) at the same court, and was finally decided on May 12, 2016.
(c)
Defendant
C was sentenced to one year of imprisonment with prison labor for the crime of acquiring stolen goods at the Suwon Flag method on April 2, 2014, and the judgment was finalized on June 13, 2014. On July 3, 2014, the same court was sentenced to one year and six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the same court on July 3, 2014, and the judgment became final and conclusive on January 16, 2015, and became final and conclusive upon the Defendant’s request for retrial, and it was consolidated with other cases, and the same court on May 4, 2016.