A defendant shall be punished by imprisonment for not more than ten months.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

The judgment of the court of first instance and the judgment of the court of second instance rendered each judgment against the defendant, and the defendant filed each appeal against them, and this court decided to hold a joint hearing of the above two appeals.

Since the first and second original judgment's crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38 (1) of the Criminal Act, the first and second original judgment cannot be maintained as it is.

3. The judgment of the court below Nos. 1 and 2 is reversed without examining the defendant's assertion of unfair sentencing, and the judgment of the court below Nos. 1 and 2 except for the compensation order portion pursuant to Article 364 (2) of the Criminal Procedure Act is reversed, and it is again decided as follows through pleading

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the first and second original judgment. Therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. From among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act reflects the defendant's mistake, the defendant supports his wife and his married couple in good faith after being released from the prison, and the fact that the amount of damage is not large, etc., the circumstances and the crime of this case favorable to the defendant were committed repeatedly against the unspecified or many victims, and the crime of this case was committed repeatedly. The defendant has been punished several times for the same crime, and the crime of this case was committed again after being investigated by the investigative agency.