The judgment below

The guilty part against Defendant CW and the part against Defendant C, E, F, and G shall be reversed, respectively.

1. The lower court rendered a judgment of conviction against the Defendants in addition to dismissing the prosecution against Defendant CW’s assault among the facts charged in the instant case.

As to this, Defendant CW, B, C, E, F, G, H, and Prosecutor appealed only on the grounds of unfair sentencing against Defendant B, E, I, and J, the part dismissing the prosecution against Defendant CW’s assault becomes final and conclusive and excluded from the scope of the trial of this Court.

2. Summary of grounds for appeal: Improper sentencing;

A. Defendant CW, B, C, E, F, G, and H’s sentence imposed on the Defendants (Defendant CW: 8 months of imprisonment; Defendant B’s imprisonment; 3 months of imprisonment; 2 years of probation, observation of protection and community service work; 160 hours of imprisonment with prison labor for 10 months; 2 years of probation, protection observation and community service work; 160 hours of probation, Defendant F, G, and H: 8 months of imprisonment with prison labor; 2 years of probation, protection observation and community service, and 160 hours of community service) are too unreasonable.

B. The Prosecutor’s sentence sentenced by the lower court to Defendant B, E, I, and J (Defendant B: three months of imprisonment; two years of probation, probation observation and community service work; 160 hours in one year of imprisonment; two years of probation, protection observation and community service work; 160 hours in one year of imprisonment; two years of probation, protection observation and community service work; 2 years of probation, protection observation and community service, 200 hours in one year and two months of imprisonment; 40 hours in one year and two months of imprisonment; and 40 hours in one year and two months of probation.) is unreasonable.

3. Determination

A. Prior to the judgment on the grounds for appeal by the above Defendants CW, C, E, F, and G, there are ex officio grounds for reversal as follows with respect to the above Defendants.

1) According to the record on the guilty portion of Defendant CW and the records on Defendant E, F, and G, Defendant CW was sentenced to the suspension of execution for six months as a special property damage crime in the Daejeon District Court on November 26, 2015 in addition to the final and conclusive judgment in the original judgment, and the said judgment was final and conclusive on May 18, 2016, and on November 29, 2016.