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Of the judgment of the court below of first instance, the part against Defendant A, B, and E and the judgment of the court below shall be reversed in entirety.
Defendant
A.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court against Defendant A (one year and two months of imprisonment) is too unreasonable.
B. The punishment (the first instance court: the imprisonment of 1 year and 2 months, and the third instance court: the imprisonment of 3 months) that the court below sentenced against the defendant B is too unreasonable.
C. The punishment (the first instance court: the imprisonment of 1 year and 4 months, and the second instance court: the imprisonment of 10 months) of the lower court against Defendant E is too unreasonable.
The prosecutor’s first instance court’s sentence (one year and two months in prison, one year and four months in prison, one year and four months in prison, and two years in prison, one year and eight months in prison, and two years in probation) declared by the court below against the Defendants is deemed to be too uneasible and unfair.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
A. In a case where a person who committed a false accusation against Defendant A made a confession or acceptance of a punishment before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or exempted pursuant to Articles 157 and 153 of the Criminal Act. According to the records of this case, with respect to a crime of false accusation as stated in the judgment of the court below, the defendant led AH to a confession of his crime of false accusation in the process of investigating the prosecution of a case that did not constitute a violation of the Juvenile Protection Act, and thereby, AH
According to the facts of recognition, even though the case reported by the defendant constitutes a confession before the judgment of the case was finalized, the court below erred in omitting necessary reduction or exemption measures against the defendant's above-mentioned and the defendant's above-mentioned crime. In this regard, the part against the defendant A in the judgment of the court of first instance cannot be maintained, and since the court of first instance deemed the above-mentioned crime and the remaining crimes in the judgment of the court of first instance to be concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment is imposed within the scope of aggravated concurrent crimes, the entire part against
B. Defendant B and E-related parts of this Court are set forth in paragraphs 1 through 3.