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

A. The respective punishment sentenced by the lower court (the first instance judgment: imprisonment with prison labor for six months and the second instance judgment: imprisonment with prison labor for six months) is too unreasonable.

B. The prosecutor’s second instance court’s sentence (six months of imprisonment) that the Defendant sentenced is too unhued and unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

As to the judgment of the court of first instance, the defendant and the prosecutor respectively filed an appeal against the judgment of the court of second instance, and the court of second instance decided to jointly examine the above two appeals cases, each of the crimes in the judgment of the court of first and second instance is concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence by judgment at the same time.

In this respect, the judgment of the court of first instance and the judgment of the court of second instance are no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without a need to decide on the allegation of unfair sentencing by the defendant and the prosecutor, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment of the court of first and second instance. Therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. In a case where the appellate court should re-determine the entire sentence against the defendant by taking a concurrent trial after having sentenced two separate sentences from the first instance court to the two separate cases, and then having tried to deal with the case as concurrent crimes, the entire judgment of the court below should be reversed, the prohibition of disadvantageous alteration even if the judgment of the court of first instance is more severe than the sentence of some of the court of first instance.