The part of the judgment of the court of first instance and the judgment of the court of second instance against Defendant A are all reversed.

Defendant

A shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The sentence of Defendant A’s decision on the original adjudication (6 months of imprisonment and 2 years of suspended sentence) is too unreasonable.

B. The judgment of the first instance court against the Defendants by the prosecutor (one year of imprisonment with prison labor / three months of imprisonment with prison labor and three years of suspended execution) is too uneased and unreasonable.

2. We examine the reasons for ex officio appeal as to Defendant A prior to the judgment on the grounds for appeal.

Defendant

A With respect to the judgment of the second instance, the prosecutor filed each appeal against the defendant in the judgment of the first instance against the defendant in the judgment of the second instance, and the court decided to hold the above appeal jointly with each of the above appeal cases.

Each of the crimes committed by the lower judgment convicting Defendant A is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the part of the lower judgment and the second judgment against Defendant A among the lower judgment and the second judgment cannot be maintained any further.

3. The lower court, among the lower judgment of the first instance, determined the sentence against Defendant B by taking into account the following circumstances, based on the Prosecutor’s unfair argument regarding sentencing against Defendant B.

Defendant

B: Along with the past record of the same type of crime, such as having been sentenced to a fine due to fraud, the victim I does not want the punishment of the defendant. The amount of damage is not so big. Considering the following circumstances: (a) the court below appears to have set an appropriate punishment by taking into account the favorable circumstances and unfavorable circumstances for Defendant B; and (b) other circumstances that form the conditions for the sentencing of this case as indicated in the record, such as Defendant B’s age, sexual conduct, environment, motive and circumstance leading to the instant crime; and (c) circumstances after the instant crime, etc., the court below’s punishment against Defendant B does not seem to be unfair because it is too unreasonable and too unreasonable, and thus, the prosecutor’s allegation in this part is without merit.

4. Conclusion, the judgment of the court below No. 1 and No. 2.