The judgment below

Of the above, the judgment No. 1-A against the defendant A.

The part concerning the crime and the second crime shall be reversed.

Defendant

A.

1. The summary of the grounds for appeal is that all of the punishments imposed by the court below against the Defendants (the defendant A: the defendant A) (one year of imprisonment with prison labor for the crime No. 1-A and No. 2 at the time of the original adjudication, six months of imprisonment with prison labor for the crime No. 4 at the time of the original adjudication, and two years and six months of imprisonment with prison labor for the original adjudication)

2. Determination

A. Of the judgment of the court below, Article 1-A of the original adjudication by Defendant A.

Before determining ex officio the grounds for appeal by Defendant A on the part concerning the crime and the second crime, prior to determining ex officio the grounds for appeal by Defendant A, the lower court’s judgment No. 1-A.

On December 15, 2009, according to the records, Defendant A was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) at the Incheon District Court on December 15, 2009, and the above judgment was finalized on the 23th day of the same month. Accordingly, Defendant A’s 1-A of the judgment of the court below is acknowledged.

The crime of violation of the Punishment of Violences, etc. Act (the composition of an organization, etc.) is a concurrent crime under the latter part of Article 37 of the Criminal Act with the above final judgment, and the sentence should be determined separately from the part concerning the second crime in the judgment of the court below against the above defendant. However, the court below's decision 1-A against the defendant A.

Since the crime and the crime of 2 are deemed to be concurrent crimes under the former part of Article 37 of the Criminal Act and are sentenced to a single punishment, the judgment of the court below against the defendant A in this respect is the first one.

No part concerning a crime and a crime of Type 2 shall be maintained any more.

B. Of the lower judgment, Defendant A was sentenced to four months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint injury) at the Incheon District Court on Jun. 29, 2011, and completed the execution of the sentence on Oct. 28, 2011, Defendant A again committed another crime under Article 4 of the lower judgment’s judgment during the repeated crime period, and Defendant B inflicted an injury on the continuation and maintenance of the Bupyeong-gum wave, a criminal organization.