The judgment below

Of the judgment below, the part of the first crime against Defendant A, the guilty part against Defendant B, and Defendant C.

1. The summary of the grounds for appeal against the Defendants is too unreasonable that each sentence of the lower court (for the crimes No. 1 as indicated in the lower judgment, 1 year of imprisonment with prison labor, 2 years and 6 months of imprisonment with prison labor, 4 years and 4 years of imprisonment with prison labor, 2 years and 6 months of imprisonment with prison labor, 2 years and 6 months of imprisonment with prison labor, 2 years and 2 years and 6 months of imprisonment with prison labor) is too unreasonable.

2. Ex officio determination

A. Article 3 of the Act on Special Cases Concerning the Punishment of Specific Crimes against Defendant A and Defendant B (hereinafter “Specialized Crimes Act”) provides that “Where a public prosecutor again commits a specific violent crime (excluding a crime under Article 37 of the Criminal Act and a case subject to aggravated punishment under Article 5-5 of the Act on the Aggravated Punishment, etc. of Specific Crimes by committing a crime under Article 37 of the Criminal Act) within three years after the completion or exemption of the execution after having been sentenced to punishment for a specific violent crime, punishment shall be aggravated up to twice the long-term and short-term punishment for such crime.” The court shall punish the Defendant who again commits such violent crime within three years after the completion or exemption of the execution after having been sentenced to punishment for a violent crime listed in Article 2 of the Specific violent Crimes Act, which is not Article 35 of the Criminal Act, and the public prosecutor stated in Article 35 of the Criminal Act applicable provisions to a repeated crime in the indictment in the indictment of the Defendant, it does not necessarily mean that the Defendant is subject to aggravated punishment.

(See Supreme Court Decision 2004Do1556 Decided May 14, 2004, etc.). According to the evidence duly adopted and examined by the court below, Defendant A and B were sentenced to one year of imprisonment by this court on November 10, 2017 due to a violation of the Punishment of Violences, etc. Act (the composition and activity of an organization, etc.), which is a specific violent crime, and Defendant A completed the execution of their punishment in the military prison on January 18, 2018; Defendant B completed the execution of their punishment in the previous correctional institution on February 14, 2018; and they are specific violent crimes within three years thereafter.