A defendant shall be punished by imprisonment for not less than eight months.

However, since the defendant appealed only the guilty portion on the grounds of unfair sentencing as follows, and the dismissal of the above dismissal part is separated and finalized, the above dismissal part shall be excluded from the scope of the judgment in this Court.

2. The summary of the grounds for appeal is too unreasonable that each of the judgments of the court below (Article 1: 6 months of imprisonment and suspension of execution, 2 years of probation, and 2 months of imprisonment) is too unreasonable.

3. Prior to the judgment on the grounds for appeal by authority, the judgment of the court below was rendered separately, and each appeal was filed, and this court decided to consolidate each of the above appeals cases. Since each of the offenses of the judgment of the court below is 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, and in this respect, the judgment of the court below cannot be maintained.

4. Accordingly, the judgment of the court below is reversed as to the conviction and the first instance judgment among the judgment of the court below in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal, and it is again decided as follows.

【Discied Judgment】 The criminal facts recognized by the court and the summary of the evidence are the same as the corresponding columns of each judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, Article 36 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;