Defendant .

A. The punishment of the judgment of the court below of the second instance (the first crime - the imprisonment with prison labor for one month, and the second crime in its holding - the imprisonment with prison labor for three months), which was sentenced by the court below, is too uneasible

B. The punishment (No. 1: Imprisonment with prison labor for 10 months, and No. 2: crime No. 1 in the judgment of the court below - Imprisonment with prison labor for 1 month, and No. 2 in the judgment of the court below - imprisonment for 3 months) of the judgment of the court of first and second instance

2. Determination

A. The judgment of ex officio (the part concerning the crime of No. 2 in the judgment of the court of first instance and the judgment of the court of second instance), and the judgment of the court of first instance and the judgment of the court of second instance, prior to the judgment on the grounds for appeal of the defendant, were sentenced to the judgment of the court of first instance and the judgment of the court of second instance, and the defendant filed an appeal against them, and the court of second instance decided to hold concurrent trials. The crime of the court of first instance and the crime of No. 2 in the judgment of the court of second instance against the defendant are in concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be decided within the scope of the punishment imposed pursuant to Article 38(1) of the Criminal Act. Therefore, in this regard, the part concerning the crime of

However, notwithstanding the above reasons for ex officio determination, the argument of unfair sentencing on the part of the judgment of the court of second instance as to the part of the judgment of the court of second instance is still subject to this court'

B. Although there are circumstances unfavorable to the defendant, such as the determination of the grounds for appeal by the prosecutor and the defendant (the part concerning the crime of violation of Article 1 in the judgment of the court below among the judgment of the court below) and the defendant's assertion of unfair sentencing by the prosecutor and the defendant, the crime of the same kind as the repeated crime period was committed, and the damage recovery was not made, the part concerning the crime of violation of the Military Service Act in the judgment of the court below among the judgment of the court below was able to be punished together with the