A defendant shall be punished by imprisonment for not more than ten months.

A. The prosecutor’s sentence of the lower court (the first instance judgment: the imprisonment of six months, the suspension of the execution of two years in prison, and the community service order of 80 hours in prison) is too unhued and unreasonable.

B. The sentence of the lower court (the second instance judgment: imprisonment with prison labor for 6 months) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

As the judgment of the court of first instance and the judgment of the court of second instance against the defendant, the prosecutor filed an appeal against the judgment of the court of first instance against the judgment of the court of second instance, and this court decided to hold a joint hearing of the above two appeals. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act, the judgment of the court of first instance against the defendant is all reversed. In this respect

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Article 347(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 331-2 of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 260 of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, there are favorable circumstances, such as the fact that the defendant agreed with the victim G, the fact that the amount of damage is not significant, and the fact that the amount is against the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes.