The judgment below

The part concerning Defendant A and B shall be reversed.

Defendant

Punishment A and B shall be six months, respectively.

1. Summary of grounds for appeal;

A. The sentence of the lower court is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the ex officio judgment records, Defendant A and B are sentenced to three years and ten months of imprisonment with prison labor for fraud, etc. at the Chuncheon District Court on March 22, 2017 and one year and six months of imprisonment with prison labor, etc. on June 29, 2017, and the judgment became final and conclusive on June 29, 2017. Thus, the crimes against Defendant A and B in the judgment of the lower court are in the relation of a single concurrent crime with which judgment has become final and conclusive, and are in the relation of a single concurrent crime after Article 37 of the Criminal Act, and should be sentenced in consideration of equity with the case where judgment

Therefore, the judgment of the court below cannot be maintained.

However, despite the above reasons for reversal of authority, Defendant C’s wrongful assertion of sentencing and prosecutor’s improper assertion of sentencing as to Defendant C is still subject to the judgment of this court, and this is examined.

B. There is no significant change in circumstances to consider Defendant C’s sentencing after the judgment of the court below on the unfair argument of sentencing by Defendant C and the prosecutor.

In light of the conditions of sentencing as indicated in the records and changes of the instant case and the reasons for sentencing of the lower judgment, even if considering all the circumstances asserted by Defendant C and the Prosecutor on the grounds of appeal, the lower court’s punishment is too heavy or is deemed unreasonable as it is fluent.

Defendant

C The prosecutor's improper assertion of sentencing and the prosecutor's argument of sentencing sentencing C are not accepted.

3. In conclusion, the appeal by Defendant C and the prosecutor as to Defendant C cannot be accepted in entirety. Thus, the part concerning Defendant A and B among the judgment below is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. Since the part concerning Defendant A and B among the judgment below is subject to ex officio reversal as seen earlier, the part concerning Defendant A and B among the judgment below is subject to Article 364(2) of the Criminal Procedure Act without examining the judgment as to the unfair sentencing of Defendant A, B and the prosecutor.