A defendant shall be punished by imprisonment for five years.

A. The sentence that the court below sentenced the defendant (the first instance judgment: imprisonment with prison labor for 1 year, 2 years: imprisonment for 1 year and 3 months: imprisonment with prison labor for 4 months, 4 months: imprisonment with prison labor for 4 months and 5 months: imprisonment for 2 years and 6 months) is too unreasonable.

B. The above-mentioned sentence that the prosecutor (the fifth judgment of the court below) 5 won in the first instance judgment is too unhutiled and unfair.

2. Before deciding on the grounds for appeal by the defendant and the prosecutor, the defendant filed an appeal against the judgment of the court below, and the court decided to hold the above appeal jointly. Each crime of the first or fifth judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single punishment should be imposed within the scope of the term 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 maintained further.

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

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows. Of the judgment of the court of first instance, the facts charged by this court and the summary of the evidence are as follows: “1. Crimes against Victim BO” 2. The facts charged against Victim BO are as stated in each corresponding column of the judgment of the court below.

Application of Statutes

1. Article 628(1), Article 622(1), Article 30 of the Commercial Act, Article 228(1), Article 30 of the Criminal Act, Article 30 of the Criminal Act, Articles 228(1), 229, 228(1), and 30 of the Criminal Act, Articles 229, 228(1), and 30 of the Criminal Act, respectively, for criminal facts.