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The judgment below
Part concerning Defendant A and B shall be reversed.
Defendant
A Imprisonment with labor for a maximum of one year and six months;
Reasons
1. Summary of grounds for appeal;
A. The Defendants’ sentence (Defendant A: imprisonment with prison labor for a maximum of one year and ten months, a short of one year and four months, Defendant B: imprisonment for a maximum of two years, a short of one year and six months, Defendant C: a fine of 2.5 million won) is too unreasonable.
B. The lower court’s sentence against Defendant A and B of the Prosecutor is too unhued and unreasonable.
2. Determination
A. Before the judgment on the grounds for appeal ex officio, the prosecutor ex officio examined the case in question, and the prosecutor applied for changes in the indictment with regard to "violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" among the names of the crimes against Defendant A and B in the trial of the party concerned, and "Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Articles 366 and 30 of the Criminal Act" among the applicable provisions of Articles 369(1), 366, and 30 of the Criminal Act, "Articles 369(1), 366, and 30 of the Criminal Act". As such, the part of the judgment of the court below as to Defendant A and B cannot be maintained any more in this respect.
B. Although it is recognized that Defendant C’s mistake and reflects on the Defendant’s assertion of unfair sentencing, it is unfavorable that the Defendant again renders drinking of this case and without a license despite having been sentenced to a fine of KRW 7 million due to a violation of the Road Traffic Act around 2013, etc. On the other hand, considering the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s above assertion is not reasonable.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the allegation of unfair sentencing by Defendant A, B, and the prosecutor, on the grounds that the part on Defendant A and B among the judgment below is grounds for ex officio reversal as seen above.