The judgment below

Part concerning Defendant A and B shall be reversed.

Defendant

A Imprisonment with prison labor of one year and ten months, and Defendant B.

1. Summary of grounds for appeal;

A. The Defendants’ punishment (unfair sentencing) by the lower court (Defendant A: 1 year and October, Defendant B: imprisonment with prison labor for a maximum of one year and six months, and Defendant C: imprisonment with prison labor for a maximum of one year and six months, and one year and six months) is too unreasonable.

B. The lower court’s sentence against Defendant A and B is too unhued and unreasonable.

2. Determination

A. Prior to the judgment on the grounds for ex officio appeal against Defendant A, according to the records, the defendant was sentenced to a suspended sentence of one year for eight months of imprisonment for a crime of violation of the Punishment of Violences, etc. Act (joint injury) at the Gwangju District Court on April 20, 2018 and the judgment became final and conclusive on April 28, 2018. As such, the crime of violation of the Punishment of Violences, etc. Act (joint injury) and the instant crime are concurrent crimes after Article 37 of the Criminal Act and the crime of this case should be sentenced in consideration of equity and cases at the same time in accordance with Article 39(1) of the Criminal Act. As such, the part of the judgment of the court below against Defendant A among the judgment below cannot be maintained.

B. B. Prior to the judgment on the grounds for ex officio appeal as to Defendant B’s ground for appeal, the Defendant was ex officio examined, and the Defendant was sentenced to an irregular sentence by falling under “juvenile” under Article 2 of the Juvenile Act at the time of the pronouncement of the judgment of the court below, but it is apparent that the Defendant was no longer a juvenile under the age of 19 in the trial. As such, the part on Defendant B among the judgment below that sentenced the Defendant to the foregoing irregular sentence cannot be maintained.

(c)

Defendant

C The defendant recognized and reflected all the crimes of this case, and agreed with the victim P in the original trial.

In addition, the equity should also be taken into account in the case of being judged together with the violation of the Punishment of Violences, etc. Act (joint injury) with the criminal history of the judgment of the court below.

However, the crime of this case is committed against several victims.