We reverse the judgment of the court below.

Defendant

A Imprisonment with prison labor for three years, for one year and ten months, for Defendant B, and for Defendant C.

1. Summary of grounds for appeal;

A. (1) Defendants (1) The sentence imposed on Defendant A’s first instance judgment (two years and six months of imprisonment) is too unreasonable.

(2) Defendant B and C’s each sentence (Defendant B: Imprisonment with prison labor of 1 year and 6 months, and 2 months, and Defendant C’s imprisonment with prison labor of 1 year and 8 months, and 2 months, of the lower court’s imprisonment with prison labor of 1 month and 2 months) that the lower court sentenced the Defendants is too unreasonable.

B. The sentence sentenced by the second instance court to Defendant A (6 months of imprisonment) and the above sentence sentenced to Defendant B and C is too uneased and unreasonable.

2. This court held ex officio cases of appeal against the judgment of the court below together with each of the appeals cases. Each of the offenses against the Defendants at the time of the judgment of the court below against the Defendants is concurrent crimes under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this respect, the judgment of the court below cannot be maintained any more.

3. If so, the judgment of the court below is reversed ex officio as seen above, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendants and the prosecutor's unfair argument of sentencing, and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, except for correction as to July 10, 2016, "B" as stated in Article 369 of the Criminal Procedure Act, since the facts constituting the crime and the summary of the evidence are the same as stated in the corresponding column of the judgment of the court below, except for correction as to July 10, 2016, "B" under Article 25 of the Rules on Criminal Procedure, and ex officio pursuant to Article 25 of the Rules on Criminal Procedure.

Application of Statutes

1. Article 347 (1) and (2) of the Act applicable to the crime and Article 347 (1) of the Criminal Act.