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The part of the lower judgment against the Defendants in the first and second judgment is reversed.
Defendant
A 4 years of imprisonment, Defendant B.
Reasons
1. Summary of grounds for appeal;
A. Defendants (2014No3417 and 2014No4031): The sentence of the lower court [Defendant A: imprisonment for three years and six months (the first instance court) and imprisonment for ten months (the second instance court), Defendant B: imprisonment for a maximum term of two years, for a short term of one year and six months (the first instance court) and for a short term of ten months (the second instance court) and for a short term of eight months (the second instance court)] on the Defendants are excessively unreasonable.
B. Prosecutor (2014No4031): The second sentence of the lower court on the Defendants on unreasonable sentencing is too unhued and unreasonable.
2. Ex officio determination
A. Prior to the judgment on the grounds for appeal, the instant court’s 2014No4013 case, which is the appellate case against the lower court’s judgment, was consolidated in the oral proceedings of the first instance.
Therefore, each crime of the first and second judgment is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this respect, the first and second judgment of the court below cannot be maintained any more.
B. In addition, Defendant B, CH students, who were under 19 years of age at the time of the pronouncement of the first and second judgment, falls under the juvenile provided in Article 2 of the Juvenile Act, and thus, was sentenced to an irregular sentence. However, Defendant B should be sentenced to a regular sentence as he/she has reached the age of majority. In this regard, the part on Defendant B among the judgment of the court below Nos. 1 and 2 cannot be maintained.
3. As such, the judgment of the court below Nos. 1 and 2 is reversed, and the part against the Defendants among the judgment of the court below Nos. 1 and 2 in accordance with Article 364(2) of the Criminal Procedure Act is reversed, and it is again decided as follows.
Criminal facts
The summary of the facts constituting an offense recognized by the court as well as the summary of the evidence shall be as stated in the corresponding column of the first and second original judgment.