Of the judgment of the court below, the part of the judgment of the court of first instance excluding the compensation order shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. The sentence of each of the defendants A (the first instance judgment: imprisonment of 2 years and 6 months, and 6 months: imprisonment of 2 years and 6 months) is too unreasonable.

B. The sentence of each of the judgment below by Defendant B (the first judgment: imprisonment with prison labor for 10 months and 2 months: imprisonment with prison labor for 4 months) is too unreasonable.

C. The first sentence against the Defendant A by the Prosecutor and the second sentence against the Defendants are deemed to be too uneasible and unfair.

2. We examine the Defendants and the Prosecutor’s grounds of appeal ex officio prior to the judgment.

The judgment of the court of first instance and the judgment of the court of second instance against the Defendants filed an appeal against each of the above two appeals cases, and this court decided to hold concurrent hearings. Since each of the offenses against the Defendants in the first and second judgments is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, the first and second judgment against the Defendants cannot be maintained as they are.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendants and the prosecutor’s allegation of unfair sentencing, and the part of the judgment below excluding the order for compensation by the first instance among the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the evidence and the facts charged by the Defendants and the summary of the evidence recognized by this court are identical to each corresponding part of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(1) and 347(1) and 30 of the Criminal Act; the Defendants’ choice of criminal punishment

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

1. Defendants: Article 48(1)1 of the Criminal Act

1. Return Criminal Procedure Act;