The judgment below

Among the crimes against Defendant B, the remainder except for the part concerning the violation of the Road Traffic Act (unlicensed driving).

1. Although the Defendants appealed to the lower court’s entire judgment, Defendant B withdrawn an appeal against the part of the lower judgment regarding the crime of violating the Traffic Act (unlicensed driving) among the lower judgment, and the above part constitutes a single concurrent crime after Article 37 of the Criminal Act and the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and the crime of violating the Road Traffic Act (a non-licenseless driving) were separately determined.

Therefore, the scope of this court's adjudication is limited to the judgment below except the defendant B's violation of the Road Traffic Act (unlicensed driving).

2. The summary of the grounds for appeal is too unreasonable that the sentence of the lower court [one year and two months of imprisonment with labor for the part concerning the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) against Defendant A, two months of imprisonment with labor for the part concerning the crime of injury, and one year and two months of imprisonment with labor for Defendant B] is too unreasonable.

3. Determination

A. We examine the part of the judgment of the court below regarding the defendants' violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) prior to the judgment on the grounds of appeal by the defendants.

In the first instance trial, the prosecutor applied for the amendment of the indictment with the content that the name of the crime in this part of the facts charged is changed to Article 258-2 (1) of the Criminal Act, and since this court permitted this, the court below's decision cannot be maintained as it is.

B. Of the judgment of the court below, the crime of bodily injury of Defendant A in this case was committed by the defendant who had been involved in the organization of violence, resulting in an injury to a victim of violence during the period of probation due to violent crime, and it is necessary to give more severe warning to the defendant.

However, although the crime of this case was committed between the lines and the rear line of a violent organization, in light of the background and time of the occurrence, and the behavior of the victim taken during the series of processes, it is a lecture within a violent organization.