A defendant shall be punished by imprisonment for a term of one year and ten months.

2. The judgment of the first and second court on the defendant's ex officio judgment was pronounced, and the defendant appealed against each judgment of the court below, and this court decided to hold a joint hearing on each of the above appeals cases.

Each crime of the first and second original judgment is a concurrent crime under the former part of Article 37 of the Criminal Act, and one sentence shall be sentenced within the scope of the term of punishment imposed on concurrent crimes pursuant to Article 38(1) of the Criminal Act.

The original judgment of the first and second courts cannot be maintained as it is on the ground of the above ex officio reversal.

3. If so, the judgment of the court of first and second trials on the grounds of an ex officio reversal as seen above is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court of first and second trials are all reversed, and the following is again

[Discied reasoning] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding part of the judgment of the first and second original courts, except for the deletion from 4 to 5 of the second to 4 of the judgment of the second and the second original courts. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 174, 164 (1) of the Criminal Act that apply to the crime (the fact that the building or the attempted crime is committed, the choice of limited imprisonment) and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of running sound and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes (within the limit of proviso of Article 42 of the Criminal Act in regard to the crime of attempted crime of living building or fire prevention);

1. Voluntary suspension and mitigation of crimes under Articles 26 and 55(1)3 of the Criminal Act (as to the crime of attempted fire-prevention of the present residential building)

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be more severe, and the punishment shall be imposed on concurrent crimes within the scope of the sum of the long-term punishments of the above two crimes as stated in the current main building, and the lowest penalty shall be