Defendant

All judgment of the court below against A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months.

, however, the defendant.

1. The summary of the grounds for appeal is that the sentence [the sentence of the court below (the court below's judgment of 1.5 million won: the fine of 1.5 million won; the fine of 8 million won: the court below's judgment of 3.0 million won; the fine of 5 million won); and the defendant Q (the court below's judgment of 2.0 million won: the fine of 5 million won)] of the court below'

2. The appeal case against the defendant was consolidated when the judgment of the court below against the defendant was rendered ex officio judgment against the defendant Gap. Each of the offenses in the judgment of the court below against the defendant is related to concurrent offenses under the former part of Article 37 of the Criminal Act, and the punishment should be imposed within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below

3. In a case where there is no change in the conditions of sentencing compared with the first instance court on the prosecutor’s assertion of unfair sentencing on Defendant Q, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). While the Defendant was punished for the same kind of crime, the Defendant committed the crime during the repeated crime period, the victims have agreed to do so, and there is no special circumstance to change the sentencing after the lower court’s judgment, and in light of all the sentencing conditions stated in the instant pleadings, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and circumstances after the crime, the lower court’s sentence imposed by the Defendant is too uneasible and unreasonable. Thus, the prosecutor’s aforementioned assertion is without merit.

4. According to the conclusion, the prosecutor’s appeal against Defendant Q is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. The judgment of the court below against Defendant A on the ground of an ex officio reversal is reversed in accordance with Article 364(2) of the Criminal Procedure Act, which omitted the prosecutor’s judgment on the assertion of unfair sentencing. The judgment of the court below is reversed