Defendant shall be punished by imprisonment.

A. The sentence of each of the defendants (the first instance judgment: imprisonment with prison labor for six months and imprisonment with prison labor for one year) is too unreasonable.

B. The sentence of the court below sentenced to the second instance court (one year of imprisonment) is too unhued and unfair.

2. Prior to the judgment on the grounds for appeal ex officio, the judgment of the first and the judgment of the second court against the defendant was sentenced respectively, and the defendant and the prosecutor filed an appeal against them, and this court decided to hold a joint hearing of the two appeals cases. The crimes of the first and second judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the first and second court cannot be maintained.

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 of first instance excluding the compensation order among the judgment of the court of first instance and the judgment of the court below excluding the compensation order, and it is again decided as follows after hearing.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that stated in each corresponding column of each judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 347-2 of the Criminal Act, Articles 347-2 of the Criminal Act, Articles 352 and 347-2 of the Criminal Act, the choice of imprisonment for a crime, the choice of punishment

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Crimes committed under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits by Dismissal of Application for Compensation (the grounds for punishment) (the scope of liability for compensation is not clear).