A. The sentencing of the lower judgment is too inappropriate.

B. The sentencing of the first original decision of the Prosecutor’s 1 is too uncomfortable.

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

The first and second original courts rendered a judgment to each of the defendants after completing separate hearings as to the defendant by the Gwangju District Court 2017 High Court 3792, 464, 2017 High Court 548, respectively. The first original judgment is subject to each of the defendant's punishment. The defendant and the prosecutor filed each appeal against the defendant and the second instance judgment against the defendant, and the second instance court made a decision to jointly deliberate on the above appeal cases. The between the court below's respective crimes against the defendant shall be sentenced to a single sentence within the scope of punishment subject to aggravated punishment pursuant to Article 38 (1) of the Criminal Act, since each of the crimes against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, all of the original judgment cannot be exempted from reversal.

3. If so, the judgment of the court below is reversed ex officio as seen above, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the unfair argument of sentencing by the defendant and the prosecutor.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to each corresponding column of the judgment below, except for the fact that the facts charged and the summary of the evidence are changed to “ August 31, 2016” as “ August 31, 2017,” under Article 369 of the Criminal Procedure Act, on the face of the judgment of the second instance court No. 2. 1.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The defendant's mistake in sentencing reasons for Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes.