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1. Of the judgment of the court below of first instance, the part against Defendant A and J and the judgment of the court below of second shall be reversed.
2. Defendant A.
Reasons
The sentencing of the first instance court (a 4 years of imprisonment, confiscation, and collection) by Defendant G (the first instance court’s judgment against the lower court) is too unreasonable.
Defendant
H (A) Sentencing 1 of the lower court (a punishment of imprisonment with prison labor for three years and additional collection) is too unreasonable.
Defendant
The sentencing of the first instance court (one year of imprisonment with prison labor, two years of suspended execution, confiscation, additional collection) is too unreasonable.
Defendant
A. Defendant G, H, and A conspired to import phiphonephones from China, as stated in the first instance judgment, as set forth in paragraph (2) of the criminal facts of the first instance judgment, Defendant G, H, and A, but Defendant J did not take part in the above conspiracy.
Sentencing (No. 1: 5 years of imprisonment and collection, and No. 2: 4 months of imprisonment and collection) of the original court's sentencing (as to the original judgment of the first instance court of the second instance) is too unreasonable.
Defendant
The Defendant J did not intend to import philopon from Defendant G, H, A, and China as stated in the first instance judgment, as in paragraph 2 of the criminal facts of the first instance judgment.
The sentencing of the court of first instance (the imprisonment of three years and additional collection) is too unreasonable.
The above sentencing against Defendant G, A, and J in the judgment of the court of first instance on the prosecutor (as to Defendant G, A, and J in the judgment of the court of first instance) is too uncomfortable and unfair.
Of the judgment of the court of first instance, the part against Defendant A and the judgment of the court of second instance rendered ex officio prior to the judgment on the grounds for appeal ex officio with respect to the judgment of the court of first instance, and the judgment of the court of first instance rendered by the court of first instance with respect to Defendant A, and the judgment of the court of second instance with respect to Defendant A, the prosecutor filed each appeal against the judgment of the court of first instance with respect to the judgment of the court of first instance.
Defendant
Since each crime of the first and second judgment against A is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed in accordance with Article 38(1) of the Criminal Act, the part against Defendant A of the judgment of the court of first instance.