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

(a) the sentence of the second judgment of the Prosecutor (two months of imprisonment) is too unhued and unreasonable;

B. The punishment of the lower court (the first instance judgment: imprisonment with prison labor for 10 months and confiscation, and imprisonment with prison labor for 2 months) is too unreasonable.

2. The decision on the grounds for appeal by the public prosecutor and the defendant shall be considered ex officio; and

The judgment of the court of first instance and the judgment of the court of second instance rendered against the defendant, and the prosecutor filed an appeal against the judgment of the court of second instance against all the judgment of the court of second instance, and this court decided to hold a joint hearing of the above two appeals cases. The crimes of the first and second judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of second instance cannot be maintained.

3. If so, the judgment of the court below is reversed ex officio, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without having to make a judgment on the unfair argument of sentencing by the prosecutor and the defendant, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act, Article 329 of the Criminal Act, Article 230 of the Criminal Act, Article 231 of the Criminal Act, Article 234 and Article 231 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 150 subparagraph 1 and Article 46 of the Road Traffic Act, Article 156 (1) of the Road Traffic Act, each of the choice of punishment for the crime

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The Defendant’s reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38 subparag. 1 subparag. 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are contrary to the facts charged.