The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for six months.

Defendant

A, C-.

1. Summary of the grounds for appeal: The court below's decision that found the Defendants' joint defendants D to have withdrawn an appeal in the first instance court.

The sentence sentenced to the sentence (Defendant A: 2 years of imprisonment, 3 years of imprisonment, 6 months of imprisonment and 8 months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court’s judgment and the first instance court’s judgment as to Defendant B, Defendant B was sentenced on November 7, 2019 to one year and two months after the crime was committed, and the judgment became final and conclusive on May 26, 2020 (hereinafter “final judgment of Defendant 1”), and was sentenced to ten months from the method of fraud, etc. on July 15, 2020, at the Sungnam branch of Suwon branch of Suwon branch of the lower court (hereinafter “the second final judgment”), and the judgment became final and conclusive on September 4, 2020 when the judgment was in progress of the lower judgment (hereinafter “the second final judgment”), and each of the crimes committed before the final and conclusive judgment of Defendant B and the first and second final judgments were all committed before the final and conclusive judgment of Defendant 1.

Therefore, inasmuch as the crimes of the judgment of the court below against Defendant B and the crimes of Articles 1 and 2 of the final judgment are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for the crimes of the court below as stated in the judgment of the court below shall be sentenced in consideration of equity with the case where the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act (see Supreme Court Decision 2008Do209, Oct. 23, 2008, etc.). However, in addition to the final judgment of the court below in addition to the final judgment of the court below 1, the court below set a punishment without additional consideration of equity with the case where the crimes of the final judgment of the court below No. 2 and the crimes of the judgment of the court below

B. Defendant A was sentenced to two years and six months of imprisonment for a special robbery at the Seoul High Court on May 12, 2020, and the judgment became final and conclusive on October 15, 2020 (hereinafter “the final and conclusive judgment of Defendant A”). As to this, Defendant A was in the first instance trial, and Defendant A was 3.