The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

except that this shall not apply.

1. The summary of the grounds for appeal (for defendant A: 2 years of suspended sentence of 8 months; surveillance of protection; community service work; 120 hours; 2 years of suspended sentence of 6 months; observation of protection; and 80 hours of community service) that the court below made is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendants ex officio, each of the crimes listed in the judgment of the court below by the Defendants A and each of the crimes listed in the judgment of the court below by the Defendants B are concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the sentence shall be determined by the method of determining the applicable sentences within the scope of the term of punishment, which is subject to aggravated punishment pursuant to Article 38(1) of the Criminal Act, but the court below committed a mistake of omitting aggravated punishment. In this regard, the judgment of the court below cannot be maintained further.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) except that the aforementioned K’s “K” as the above J is deemed as the criminal history of the judgment of the court below; and (b) therefore, it is identical to the corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 2(2) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; hereinafter the same shall apply); Article 350(1) of the Criminal Act (joint conflict) of the same Act; Articles 6, 2(2) and 2(1)3 of the former Punishment of Violences, etc. Act; Article 350(1) of the Criminal Act (the attempted joint conflict) (the crime committed)

B. Defendant B: Articles 2(2) and 2(1)3 of the former Punishment of Violences, etc. Act, and Article 350 of the Criminal Act.