The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for a year and six months.

Defendant .

1. The summary of the grounds for appeal (for defendant B: imprisonment with prison labor for a maximum of one year and eight months, for a short of one year and six months, and for defendant C: imprisonment with prison labor for a short of one year and six months) is too unreasonable;

2. Determination

A. Prior to the judgment on the grounds of appeal by Defendant B, the above Defendant was examined ex officio before the judgment on the grounds of appeal by Defendant B, and the above Defendant did not constitute a juvenile provided in Article 2 of the Juvenile Act, and thus cannot be sentenced to an irregular sentence under Article 60(1) of the Juvenile Act, since it did not constitute a juvenile provided in Article 2 of the Juvenile Act (see Supreme Court Decision 90Do539, Apr. 24, 1990). The lower judgment against the above Defendant was no longer maintained.

B. The amount of damage to Defendant C is relatively large, and there is no favorable circumstance for the Defendant, such as that the victim wants to take the Defendant’s wife by mutual consent with the victim.

However, the defendant committed the same kind of crime during the period of repeated crime, which has not been more than five months since he was released from parole for the same kind of crime.

The defendant's grounds for disqualification (the proviso to Article 62 (1) of the Criminal Act) are that the sentence imposed by the court below is the lowest statutory penalty.

Therefore, it cannot be deemed that the sentence of the court below is too unreasonable.

3. In conclusion, the part of the judgment of the court below against Defendant B is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and it is judged as follows. Since Defendant C’s appeal is without merit, it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 (2) of the Criminal Act, and imprisonment for a limited term concerning the crime;

1. Aggravation for repeated crimes;