A defendant shall be punished by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

A. The sentencing of the original decision by Defendant 1 and 2 is too unreasonable.

(b) the sentencing of the first and second original judgment of the Prosecutor is too uncomfortable.

2. Determination

A. We examine ex officio the grounds for appeal by the Defendant and the prosecutor prior to the judgment.

The first and second original courts rendered a separate trial against the defendant in accordance with the judgment of the Gwangju District Court 2016 High Court 1695, 2017 High Court 127 High Court 127 High Court 2017 High Court 335 High Court 2017 High Court 1216, 2132 High Court 1217 High Court 1216 High Court 2012 High Court 2000 decided that the defendant is subject to each punishment, and the defendant and the prosecutor filed separate appeal against the judgment of the court 1 and 2, and this court decided that the above appeal case will be deliberated jointly. The between the judgments of the court 1 and 2 are concurrent crimes under the former part of Article 37 of the Criminal Act, and the single sentence should be imposed within the scope of punishment aggravated for concurrent crimes pursuant to Article 38 (1) of the Criminal Act. In this respect, the judgment of the court below is reversed.

3. As such, the judgment of the court below Nos. 1 and 2 is reversed ex officio, and the judgment of the court below is reversed in entirety under Article 364 (2) of the Criminal Procedure Act without further proceeding to decide on the unfair argument of sentencing between the defendant and the prosecutor, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 109 (1) and 36 of the Act on the Standards of Employment and Selection of Punishment, and the Selection of Imprisonment with labor for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant is repenting his mistake and the defendant exceeds a fine.