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All judgment of the court below shall be reversed.
Defendant
A. The imprisonment of 1 year and 10 months, the imprisonment of 3 years, and the defendant C.
Reasons
1. The summary of the grounds for appeal Nos. 1 and 2 as to the Defendants (Defendant A: Imprisonment with prison labor for one year and six months and imprisonment for eight months; imprisonment for one year and two years and six months, and Defendant C: imprisonment with prison labor for two years and six months; imprisonment with prison labor for two years and four months) are too unreasonable.
2. The judgment of the court below is ex officio and the defendants appealed all the judgment of the court below, and this court decided to hold two appeals jointly. Since each crime of the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act by each defendant, the judgment of the court below cannot be maintained in this respect since it is a single sentence under Article 38(1) of the Criminal Act.
3. Accordingly, the judgment of the court below against the Defendants is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the Defendants’ assertion of unfair sentencing, and it is again decided as follows.
【Discied Judgment】 The facts constituting a crime recognized by the court and the summary of the evidence are identical to the facts constituting a crime and the summary of the evidence, and thus, the summary of the evidence is identical to each corresponding column of each judgment of the court below. Thus, they are cited in accordance
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Articles 329 and 30 of the Criminal Act; Articles 331(2) and 331(1) of the Criminal Act; Articles 331(2) and (1) of the Criminal Act; Articles 331(2) and (1), and 30 of the Criminal Act; Articles 342 and 331(2) and (1) of the Criminal Act;
B. Defendant B: Articles 329 and 30 of the Criminal Act (a thief in conspiracy with Defendant B) of the Criminal Act; Articles 331(2) and 331(1) of each Criminal Act (a) of the Criminal Act; Articles 331(2) and (1), and 30 of each Criminal Act (a thief in conspiracy with Defendant C, etc.) (a thief in conspiracy with Defendant C, etc.); and (b) prior to amendment by Act No. 16037, Dec. 24, 2018.