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The judgment below
Part concerning the first, third, and fourth crimes in the judgment shall be reversed.
Defendant 1, 3, and 4 as stated in the judgment of the court below.
Reasons
1. The summary of the grounds for appeal (the imprisonment of 3 years with prison labor for the crimes Nos. 1, 3 and 4 in the market) of the lower court is too unreasonable.
2. Determination
A. In full view of the following circumstances: (a) the Defendant committed the crimes of Articles 1, 3, and 4 in the judgment of the court below against the victim E of the crime of Article 1 in the judgment of the court below, and the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the court below’s punishment in this part is unreasonable.
B. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle as to the second offense in the judgment of the court below, has the unique area of the court of first instance as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the court of first instance, and the sentencing of the court of first instance does not deviate from
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted at the trial court. In full view of all the reasons for sentencing indicated in the records of this case, the lower court’s sentencing is too too unreasonable, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.
3. The defendant's appeal as to the second part of the judgment of the court below as to the crime is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal as to the second part of the judgment of the court below is without merit, and since the remaining part of the crime is with merit, the part of the judgment of the court below as to the crime Nos. 1,
【Grounds for the judgment used again for the crimes of Articles 1, 3, and 4 at the time of sale】 Criminal facts and summary of evidence recognized by this court are criminal facts and summary of evidence except for the judgment below’s order “ around July 8, 2013” No. 1 of [Attachment 1 List 5] as “ around July 3, 2013.”