A defendant shall be punished by imprisonment for not less than two years and three months.

A. The lower court’s respective punishment (the first instance judgment: imprisonment with prison labor for a year and February, and the second instance judgment: imprisonment with prison labor for a year and two years) is too unreasonable.

B. Inspection (as to the judgment of the court below of the second instance), the sentence of the court below is too unhued and unreasonable.

2. The judgment of the court below against the defendant for ex officio determination was rendered, and the defendant filed each appeal against the judgment of the court of first and second instance against the judgment of the court of second instance, and this court decided to hold the above two appeals together.

Since each of the judgment below's crimes is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed in accordance with Article 38 (1) of the Criminal Act, the judgment below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining all the judgment of the defendant and the prosecutor on the assertion of unfair sentencing, and it is again decided following the oral argument as follows.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court and the summary of the evidence are identical to the facts of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act, Articles 356 and 355(1) of the Criminal Act, Article 232 of the Criminal Act, Articles 234 and 232 of the Criminal Act, Article 366 of the Criminal Act, Article 319(1) of the Criminal Act, Article 231 of the Criminal Act, Article 234, Article 231 of the Criminal Act, Article 234, Article 231 of the Criminal Act, Article 231 of the Criminal Act, Article 109(1) and Article 36 of the Labor Standards Act, Article 236 of the Act, Article 236 of the Act, Article 36 of the Act, Article 36 of the Act, Article 231 of the Criminal Act, Article 234, Article 231 of the Act, Article 109(1) and Article 36 of the Act,

1. Of the lower judgment on Article 35(1) of the Criminal Act, the part of the repeated crime.