무고등
The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance are reversed.
In the second instance, the defendant is the second instance.
1. Each sentence (No. 10 months of imprisonment with prison labor, and No. 2 months of imprisonment with prison labor: 6 months of imprisonment) that the court below pronounced in the summary of the grounds for appeal is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant. ① The defendant filed an appeal against the judgment of the court below, and the pleadings were combined at the court of first instance. The crime No. 16 in the table No. 2 of the judgment of the court of first instance and the crime No. 11 in the table No. 2 of the judgment of the court of second instance shall be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, since the crime in the former part of Article 37 of the Criminal Act is concurrent crimes. Thus, the judgment of the court below which separately sentenced each of the above crimes cannot be maintained in this point. ② Also, the inquiry of the career of the crime, such as the crime, and the result of confirmation of the non-disposition, and according to each of the judgment of the court below, the defendant was found to have been sentenced No. 2 of the judgment of the court of first instance and the crime No. 3 in the judgment of second instance, which became final and conclusive on August 1, 2015.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the part of the judgment of the court below against the defendant among the judgment of the court of first instance and the judgment of the court of second instance after pleading, on the grounds that the judgment of the court below is reversed ex officio as seen above.