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

The Suwon District Prosecutors' Office, seized, 2017.

A. The punishment of the lower court against the Defendant (the first instance court: imprisonment with prison labor for a year and June, and the second instance court: imprisonment with prison labor for a period of six months) is too unreasonable.

B. The first instance court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The judgment of the court of first instance and the judgment of the court of second instance against the defendant on the judgment of the court of first instance, each of which was rendered by the court of first instance, and the defendant filed each appeal against the second instance, and the court of second instance decided to jointly examine the above two appeals cases.

Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below in the first and second judgment cannot be maintained as it is.

3. The judgment of the court below, on the ground that there is a ground for reversal under the above authority, is reversed pursuant to Article 364(2) of the Criminal Procedure Act without further proceeding to decide on the unfair argument of sentencing between the defendant and the prosecutor, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the original judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 350 and 32(1) (a)) of the Criminal Act for the crime, the choice of punishment for the crime, and the choice of imprisonment for the crime, Articles 347(1) and 32(1) (a) of the Criminal Act, and each choice of imprisonment for the crime;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 48(1)1 and 2 of the Confiscation Criminal Act is that the instant crime was committed on the grounds of the crime committed by the Defendant, which facilitates the commission of the Defendant’s organized crime, and that the nature of the crime is not good. The period and frequency of the Defendant’s act of withdrawing and remitting the organization of the criminal act of licensing.