The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for nine months, for six months, and for five months, for Defendant C.

1. Summary of grounds for appeal (unfair sentencing)

A. Each sentence of the lower court against the Defendants (Defendant A: imprisonment with prison labor for September, Defendant B: imprisonment with prison labor for June, and Defendant C: imprisonment with prison labor for five months) is too unreasonable.

B. Each sentence of the lower court against the Defendants by the Prosecutor is too unhued and unreasonable.

2. The instant crime committed jointly and severally by the Defendants, which is not good in light of the form of the Defendants’ act and the result of the commission of the crime.

Defendant

In the case of A, the juvenile protection case went to the crime of this case during the long-term probation period, and there is a history of fine twice.

However, the Defendants recognized the instant crime.

In both cases, the Defendants agreed with the victim in an initial manner.

Defendant

B and C have no record of criminal punishment.

In addition, considering the various circumstances that form the conditions for sentencing as shown in the records and arguments of the instant case, the sentence imposed by the lower court to the Defendants is somewhat unreasonable.

3. The judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is again decided as follows.

(3) Article 369 of the Criminal Procedure Act provides that “If an appeal filed by a defendant is reversed on the grounds that the appeal by the defendant is well-grounded, the prosecutor’s appeal shall not be dismissed separately).” (Dao-written judgment) Criminal facts and summary of evidence, the facts constituting an offense recognized by the court and summary of evidence are as stated in the corresponding column of the judgment below

Application of Statutes

1. Relevant Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, the choice of imprisonment with prison labor, and the choice of a sentence

1. The sentence is to be determined as ordered in full view of the various sentencing factors in determining the grounds for appeal on the grounds of the suspended sentence under Article 62(1) of the Criminal Act.