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The judgment below
The part against the Defendants is reversed.
Defendant
A and C shall be punished by imprisonment with prison labor for six months, and Defendant E.
Reasons
1. The summary of the grounds for appeal against the Defendants is too unreasonable that each of the punishments of the lower court (Defendant A, Defendant C: Imprisonment with prison labor for 6 months, Defendant E: Imprisonment with prison labor for 4 months) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendants ex officio, the Prosecutor added “Article 39(1) of the Criminal Act” to the applicable provisions of law to Defendant A, and the Prosecutor applied for changes in the indictment to Defendant A, C, and E as follows. Since the subject of the judgment was changed by this court’s permission, the judgment of the court below cannot be maintained any longer.
The revised facts charged [criminal records, etc.] Defendant A was sentenced to imprisonment with prison labor for one year and six months at the Gwangju District Court on October 26, 2007 due to a crime of violation of the Punishment of Violences, etc. Act (organization and activity of organizations, etc.) at the Gwangju District Court, and the above judgment was finalized on November 3, 2007. On November 13, 2008, Defendant A was sentenced to imprisonment with prison labor for one year and six months at the Gwangju District Court on September 16, 201 and completed the execution of the above punishment on September 29, 201. On March 28, 2014, Defendant A was sentenced to one year of imprisonment with prison labor for violation of the Punishment of Violences, etc. Act (joint injury) at the Gwangju District Court on March 28, 2014.
Defendant
C was sentenced to a suspended sentence of one year and six months for a violation of the Punishment of Violences, etc. Act (the composition and activity of an organization, etc.) at the Gwangju High Court on December 4, 2008, and the above judgment became final and conclusive on December 12, 2008. On March 31, 2009, the Gwangju District Court sentenced two years for a suspended sentence of six months for a violation of the Punishment of Violences, etc. Act (joint injury) at the Gwangju District Court on April 8, 2009, and became final and conclusive on April 13, 2010.