The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for not more than ten months.

1. Reasons for appeal;

A. The lower court’s punishment against the Defendants is heavy.

B. The lower court’s sentence against the Defendant A by the Prosecutor is light.

2. Determination

A. Defendant A’s judgment on the unjust sentencing of Defendant A and the prosecutor’s unjust argument of sentencing against Defendant A was made in an appellate trial and there was a change of circumstances in which Defendant A agreed with the victim.

In addition, the lower court’s punishment against the Defendant is unreasonable in light of the following factors: (a) comparing the sentencing conditions as indicated in the instant case’s records and changes; and (b) comparing the sentencing grounds for the

B. There is no significant change in circumstances to consider Defendant C’s sentencing after the judgment of the court below regarding Defendant C’s unfair argument of sentencing.

In light of the records of this case and the reasons for sentencing on the judgment of the court below, considering all the circumstances asserted by the defendant on the grounds of appeal, the sentence of the court below is heavy.

subsection (b) of this section.

3. Conclusion, Defendant C’s appeal cannot be accepted, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and Defendant A’s appeal is accepted. Thus, pursuant to Article 364(6) of the Criminal Procedure Act, the part of the judgment below against Defendant A among the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. Aggravation of concurrent crimes under Article 37 of the Criminal Act; Articles 38(1)2 and 50 of the same Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where the standard for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] for the protection and observation of protection and the standard for sentencing under Article 62-2 of the community service order [the scope of punishment] is a type 1 (less than KRW 100 million) (one month to one year) for the mitigation area (one month] [the person who has been specially mitigated] for a punishment