The defendant shall be sentenced to six months of imprisonment.

Defendant

The punishment (six months of imprisonment) of the judgment of the second instance is too unreasonable.

It is unfair that the punishment of the court below's decision (the first instance court's decision: three months of imprisonment and one year of suspended execution, fine of one million won, and second instance's decision: imprisonment with prison labor for six months) is too unfluened.

We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.

The court of the first instance decided to consolidate each appeal case against the original judgment.

However, since the crimes of Articles 6 and 7 of the judgment of the first instance court and the second instance judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, if these crimes are concurrent crimes, one punishment should be imposed for each crime under Article 38 of the Criminal Act.

Therefore, the corresponding parts of the original judgment cannot be maintained as it is.

Among the judgment of the court of first instance on the prosecutor's appeal against the crimes of Articles 1 through 5 of the judgment, the prosecutor's allegation of unfair sentencing on the part of the judgment of the court of first instance that did not have the above reasons for reversal ex officio is judged.

In light of the fact that the Defendant acknowledges and reflects the crime, and that this part of the crime is in the concurrent relationship between the crime for which judgment has already become final and the crime is committed in accordance with the latter part of Article 37 of the Criminal Act, equity should be taken into account when the crime is adjudicated simultaneously, the Defendant’s age was 19 years of age at the time of the crime, and all the sentencing conditions, such as the amount of damage by victim, character and conduct of the Defendant, the means and method of the crime, and the circumstances after the crime, etc., the sentence of the lower court with regard to the part of the crime No. 1 through No. 5 of the

In conclusion, the judgment of the court of first instance on the part concerning the crime Nos. 6, 7 and the judgment of the court of second instance on the above-mentioned grounds for reversal of authority. Thus, without examining the argument of unfair sentencing on this part of the defendant and prosecutor, it shall be governed by Article 364 (2)