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

A. The sentence of the lower court (Article 1: imprisonment with prison labor for a year and February 1, 2, and 5, confiscation, and the second judgment of the lower court: imprisonment with prison labor for a year) is unreasonable.

B. The type of the first instance judgment of the Prosecutor is deemed unhued and unreasonable.

2. On the first and second original judgment ex officio determination, the prosecutor filed each appeal against the first and second original judgment, and the court of the first instance decided to concurrently examine the above appeal cases.

However, since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act, each judgment of the court below against the defendant cannot be maintained as it is.

3. 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 of the court below is delivered following the oral argument.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below 1 and 2. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and the choice of punishment, Articles 225 and 30 of the Criminal Act, Articles 229, 225 and 30 of the Criminal Act, and Articles 225 and 30 of the Criminal Act;

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

1. The Defendant, on the grounds of sentencing under Article 48(1)1 of the Criminal Act, participated in the crime as a means of collecting and conveying the singishing crime.

It is inevitable to impose severe punishment because the crime of Bosing consists of planned and organized against many unspecified victims, and its social harm is serious.

The victims did not recover from damage.