Of the judgment of the court below of first instance, the part on Defendant A and Y and the judgment of the court of second instance shall be reversed.

Defendant

A.

1. The summary of the grounds for appeal (e.g., imprisonment of 1 year and 6 months, 1 year and 2 months, 1 year and 1 year and 1 year and 6 months, 3-B of the decision of the court below, 1 year and 2 years and 6 months of imprisonment of 1 year and 3-B of the decision of the court below) of the court below against the defendants is too unreasonable.

2. Determination:

A. Defendant A (Ex Officio Judgment) This Court joined the pleadings of the Seoul High Court 2013No117 Appeal case against the lower judgment and the Seoul High Court 2013No826 Appeal case against the second lower judgment. Of the first instance judgment, each of the offenses of Defendant A and each of the offenses of the second lower judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the term of punishment aggravated under Article 38(1) of the Criminal Act. In this regard, the part against Defendant A among the first lower judgment and the second judgment cannot be exempt from all reversal.

B. Circumstances that can be considered in light of the circumstances, such as the fact that Defendant X Defendant made a confession of all criminal acts, and is in depth of his mistake, and that he was not an employee at the core group of the Bupyeong-gu wave, and that there was no participation in the criminal acts of violence, etc. other than joining and gathering.

However, on March 18, 2009, the defendant was sentenced to a suspended sentence of three years for a crime of violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.). Accordingly, the defendant should separately be sentenced to the punishment for the crime of Article 1-B and Article 3-B of the judgment that committed prior to the conclusion of the above judgment. As to the crime of Article 1-B of the judgment, the punishment for six months, which was sentenced by the court below for the crime of Article 39 (1) of the Criminal Act, is the lowest punishment that can be mitigated by applying the corresponding statutory punishment again, and the punishment for one year for the crime of Article 3-B of the judgment, which was sentenced, is the maximum punishment that can be mitigated by the law that mitigated the statutory punishment.