All of the judgment of the first instance and the judgment of the second instance on the Defendants shall be reversed.

Defendant

A. Imprisonment.

1. Summary of grounds for appeal;

A. The punishment of Defendant A (the first instance court: imprisonment with prison labor for one year, and the second instance court: imprisonment with prison labor for three months) is too unreasonable.

B. The punishment of Defendant B (the first instance court: imprisonment with prison labor for a year and June, and the second instance court: imprisonment with prison labor for a period of four months) is too unreasonable.

2. Prior to the judgment on the assertion of unfair sentencing by the Defendants on the grounds of ex officio determination, the first instance court shall review the Defendants’ respective arguments on unfair sentencing ex officio, and after completing a separate deliberation on the Defendants respectively, the first instance court shall be punished by imprisonment for one year, Defendant B by imprisonment for one year, and Defendant B by one year and six months, and the second instance court sentenced Defendant A to three months by imprisonment and Defendant B by four months by imprisonment, and the Defendants filed an appeal against each of the above decisions, and this court decided to jointly deliberate on the two appeals by this court. Each of the decisions by the lower court against the Defendants shall be punished by a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act, as the respective offenses against the Defendants are concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below against the defendant cannot escape from all of the reversal.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendants’ respective arguments of unfair sentencing, and the part of the judgment of the court below against each of the Defendants is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Defendant A of relevant criminal facts: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 350 (1) of the Criminal Act (the point of joint conflict) and Article 331 (2) of the Criminal Act;