Text
The judgment below
Part concerning Defendant A and B shall be reversed.
Defendant
A Imprisonment with prison labor for not less than six years, and Defendant B.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, who is well-known of mental illness (defendant A), is well-founded and lacks the ability to discern things or make decisions at the time of committing the instant crime.
B. The sentence imposed by the court below on the Defendants (the defendants A: 6 years of imprisonment; 7 years of imprisonment; and 3 years of imprisonment) is too unreasonable.
2. Determination
A. According to the records ex officio, Defendant A was sentenced to imprisonment on September 25, 2014 with the victimJ of the crime of this case and on violation of the Punishment of Violences, etc. Act (joint conflict), but was sentenced to imprisonment on September 25, 2014 (2014No1988), the appellate court was sentenced to a fine of KRW 8 million at the Suwon District Court (2014No580), and the above appellate court was sentenced to a fine of KRW 8 million on December 4, 2014 (2014No580). Since the above appellate court's decision became final and conclusive on June 24, 2015 (2014Do1769). Accordingly, since the crime of violation of the Punishment of Violences, etc. Act (joint conflict) for which the judgment sentenced to a fine became final and conclusive, the lower court's allegation that the crime of violation of Article 37 of the Criminal Act and the crime of violation of the latter part of the Criminal Act still becomes final and conclusive.