The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for not less than two years and six months.

(2).

1. The gist of the grounds for appeal is too unreasonable to the lower court’s respective punishment.

2. Determination

A. In full view of all the sentencing conditions shown in Defendant A’s records and arguments and the fact that Defendant A did not have the same criminal record and reached an agreement with the victim during the trial, the sentence against Defendant A is too unreasonable.

B. In full view of the overall sentencing conditions as shown in Defendant B’s records and arguments and the fact that there is no agreement with the victim, the lower court’s punishment against Defendant B is too unreasonable.

3. According to the conclusion, Defendant A’s appeal is reasonable, and pursuant to Article 364(6) of the Criminal Procedure Act, the part of the judgment below against Defendant A among the judgment below is reversed, and it is decided as follows. Defendant B’s appeal is without merit, and it is dismissed in accordance with Article 364(4)

Criminal facts

The summary of the defendant A's criminal facts and the summary of the evidence recognized by this court are the same as that of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision on the Grounds for Appeal);