2. The defendant shall be punished by imprisonment with prison labor for twenty years;

3. One copy of a seized knife;

A. The sentence of the first and second court judgment (the first court judgment: imprisonment with prison labor for 18 years and the second court judgment: imprisonment with prison labor for 4 months) of the defendant and the person subject to a request for an attachment order, the person subject to a request for a probation order (hereinafter “defendant”) is too unreasonable.

B. The sentence of the first instance judgment of the Prosecutor is too unhued and unreasonable.

2. The first and second instances of ex officio judgment rendered a judgment of conviction against the defendant after having completed a separate hearing, and the defendant appealed against the whole judgment of the court below, and the prosecutor appealed against the first and the first instance court, and the court decided to consolidate each appeal case.

However, since each crime of the judgment of the court below against the defendant guilty is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38 (1) of the Criminal Act.

Therefore, the defendant's case of the first and the second and second parts of the judgment can no longer be maintained in this respect, and where the defendant's case is reversed for this reason, the defendant's case should also be reversed together with the defendant's case's case for attachment order and the case for probation order. Thus, the judgment of the court below should be reversed in its entirety.

3. Accordingly, the judgment of the court below is reversed in its entirety under Article 364(2) of the Criminal Procedure Act and Article 35 of the Electronic Device Attachment Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and it is again decided as follows.

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence, as recognized by the court, and all facts constituting the crime and the summary of the evidence, are the same as indicated in each corresponding column of the judgment of the court below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;