A defendant shall be punished by imprisonment for not less than one year and six months.

A. Each sentence of the lower court (the first instance judgment: imprisonment with prison labor for August and the second instance judgment: imprisonment with prison labor for one year) is too unreasonable.

B. The prosecutor (unfair sentencing on the judgment of the court below of the second instance)’s punishment is too uneasible and unfair.

2. Prior to the judgment on the grounds for appeal ex officio, the defendant filed an appeal against the judgment of the court below, and the prosecutor filed an appeal against the judgment of the court below against the judgment of the court below, and this court decided to hold concurrent hearings of each appeal case. The first and second crimes of the court below against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and the judgment below is again decided as follows through pleading.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to each of the relevant columns of the judgment below. Thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 350(1) of the Criminal Act, Article 350(1) of the Criminal Act, Article 276(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 324(1) of the Criminal Act, Article 232 of the Criminal Act, Article 232 of the Criminal Act, Articles 234 and 232 of the Criminal Act, Article 32 of the selection of punishment for the crime, Article 329 of the Criminal Act, Article 329 of the Criminal Act, each of the choice of imprisonment

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes and concurrent crimes with the punishment determined for the heavier concurrent crimes;