The part of the judgment of the court of first instance and the judgment of the court of second instance against each defendant shall be reversed.

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

A. The sentence of the judgment of the court below against the defendant (the sentence of the court below No. 1: 2 years of imprisonment, and the sentence of the court below No. 2: 1 and 6 months) is too unreasonable.

B. The sentence of the lower judgment against the Defendant by the Prosecutor is too uncomfortable and unfair.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.

A. The judgment of the court below and the judgment of the court below 1 and 2 on the defendant who reversed ex officio due to the consolidation of appeal cases were sentenced respectively, and the defendant and the prosecutor filed an appeal against the judgment of the court below, and the court decided to hold the appeal cases jointly and severally.

In this regard, each crime of the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a judgment should be rendered and sentenced simultaneously in accordance with Article 38 of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained.

B. The judgment of the court below of first instance is reversed ex officio. Article 4(1) of the Punishment of Violences, etc. Act provides that "any person who forms or joins an organization or group aimed at committing a crime prescribed in this Act or acts as a member of such organization or group" shall be punished. The legislative purport of the above provision is not only more serious than that of an individual's crime, but also that the degree of social bad faith caused by a crime that is planned and organized by a crime organization or group is much more serious than that of an individual's crime, and as long as the crime or group continues to exist and is maintained and maintained, it is intended to prevent the creation and existence of a crime group or group having the nature of preparation and conspiracy of the crime regardless of whether the crime is committed, and the reason for punishing "person who acts as a member" under the above provision is to be punished.