A defendant shall be punished by imprisonment for not less than eight months.

A. The lower court’s punishment of Defendant 2 is too unreasonable.

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

2. Prior to the judgment on the grounds for appeal by the defendant and prosecutor ex officio, this Court decided to hold a concurrent hearing of each appeal case against the judgment below. Each of the offenses against the defendant in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

Therefore, without further proceeding to decide on the grounds for appeal of unfair sentencing by the defendant and the prosecutor, all the judgment of the court below ex officio under Article 364 (2) of the Criminal Procedure Act shall be reversed, and the following decision shall be rendered again through pleading.

Criminal facts

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

Application of Statutes

1. Article 260(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10(1) of the Criminal Act, Article 366 of the Criminal Act, Article 136(1) of the Criminal Act, the choice of imprisonment with prison labor, respectively;

1. From among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the conditions for various sentencing specified in the records and arguments of this case, and the fact that the defendant has the same criminal records, and the defendant has continuously committed a crime even while being under a criminal trial, shall be determined as ordered by the court.