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All parts of the judgment of the court below, excluding the compensation order, shall be reversed.
Defendant
A shall be punished by imprisonment for three years.
Reasons
1. Summary of grounds for appeal: Unfair sentencing; and
A. The punishment of each court below against the Defendants (the defendant A: 2 years and 6 months of imprisonment, and 3 years and 6 months of imprisonment with prison labor for the crime of the judgment of the court of the court of the second instance; the defendant B: imprisonment with prison labor for the crime of the judgment of the court of the court of the first instance; 1 year and 2 months of imprisonment for the crime of the judgment of the court of the second instance; 3 years and 6 months of imprisonment for the crime of the judgment of the court of the court of the second instance; 4 years of imprisonment for the imprisonment, 3 years of imprisonment for the
B. The first instance court’s punishment against Defendant A and B, respectively, is too unhued and unfair.
2. Ex officio determination
A. Each appeal filed by Defendant A and B against the lower judgment, and this Court decided to jointly examine each appeal case.
However, since each of the crimes of the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act, among the judgment of the court of first instance and the judgment of the court of second instance, the defendant A and B cannot be maintained any more.
B. According to the records on Amendments to Bill of Indictment (of the judgment of the second court, the part concerning Defendant U, T, and CS). Defendant U and T were indicted on October 5, 2018 in the Daejeon District Court Hongsung Branch of the Daejeon District Court on September 26, 2019 and Defendant U was sentenced to a suspended sentence of three years for one year at the Daejeon District Court on September 26, 2019, and the judgment became final and conclusive on October 5, 2019. Defendant T was sentenced to a imprisonment of one year and three months at the Daejeon District Court on September 26, 2019, and the said judgment became final and conclusive on November 29, 2019, Defendant CS was detained in the Red Branch of the Daejeon District Court on November 15, 2018, and Defendant CS was sentenced to imprisonment with prison labor for two years at the same court on March 20, 2019, and the judgment became final and conclusive on July 1, 2019.
Defendant
Pursuant to Article 39(1) of the Criminal Act, each of the crimes in this case against U, T andS is a concurrent crime under the latter part of Article 37 of the Criminal Act with each of the above crimes for which judgment has become final and conclusive.