A defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

The defendant above.

A. The imprisonment (six months of imprisonment) imposed by the court of original judgment on the defendant 2 is too unreasonable.

(b) The penalty (three million won of a fine) declared by the first instance court against the defendant by the prosecutor is too unhued and unfair;

2. Upon ex officio determination, the court of original judgment Nos. 1 and 2 sentenced the defendant to a fine of KRW 300,000 for the former, and a fine of KRW 300,000 for the latter, and the defendant filed an appeal against each of the above decisions, and the court of original judgment rendered a decision to concurrently examine the above two appeals. Since each of the first and second trials against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, the court of original judgment should be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be exempted from all reversal.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining each of the above arguments of unfair sentencing by the defendant and the prosecutor, on the grounds of ex officio reversal.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act and Article 329 of the Military Service Act concerning facts constituting a crime, the choice of punishment, and subparagraph 1 of Article 89-2 of the same Act (the point of escape from service of public interest service personnel);

2. Of concurrent crimes, imprisonment with prison labor and larceny as provided for in the former part of Article 37, Article 38(1)2 and 3, and Article 50 of the Criminal Act shall be applied to both concurrent crimes and larceny.