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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.
, however, the defendant.
Reasons
1. Summary of grounds for appeal;
A. Each sentence of the lower court against the Defendants (Defendant A: 10 months of imprisonment, Defendant B: 6 months of imprisonment, and 2 years of suspended execution) is too unreasonable.
B. The above punishment of the lower court against the Defendants by the Prosecutor is deemed to be too unhued and unreasonable.
2. Under the judgment on the grounds of appeal, each of the Defendants and the prosecutor’s arguments against the Defendants are examined together.
Defendant
In the case of A, there is an unfavorable circumstance such as not restoring the damage suffered by the victimJ properly.
However, in full view of the fact that all the Defendants are against their own criminal acts, and that they agreed with the victim G in the trial, and other circumstances of all the sentencing as shown in the records and arguments, such as the Defendants’ age, sex, environment, motive and circumstance of the crime, means and consequence, the circumstances after the crime, etc., it is recognized that each sentence imposed by the court below to the Defendants is too unreasonable.
Therefore, all of the defendants' arguments are justified, and each of the defendants' arguments against the prosecutor is without merit.
3. In conclusion, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the Defendants shall be again decided as follows (as long as the judgment of the court below is accepted by the Defendants’ appeal and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed in its order). [The grounds for re-written judgment] Criminal facts and the summary of evidence acknowledged by the court and the summary of evidence are the same as that of the judgment of the court below, and thus, they shall be cited as it is in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Relevant Article of the Act and the choice of punishment for the crime;
A. Defendant A: Articles 347(1) and 30 (Selection of Imprisonment) of the Criminal Act, and Article 347(1) of the Criminal Act (the choice of imprisonment)
B. Defendant B: Articles 347(1) and 30 of the Criminal Act (Options of imprisonment)
1. A. Aggravationd Defendant A.