A defendant shall be punished by imprisonment for not less than one year and six months.

(2) the date of this judgment.

A. Each sentence (the first sentence: imprisonment with prison labor for one year, two years of probation, observation of protection, community service, 120 hours and second sentence: imprisonment with prison labor for six months, suspended execution for six months, two years of probation, observation of protection and treatment order) imposed on the defendant in the judgment of the court below is too unreasonable.

B. The sentence imposed on the Defendant in the judgment of the second instance by the Prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the court below sentenced the defendant to a judgment after completing a separate hearing on the grounds for appeal ex officio. The defendant filed an appeal against the judgment of the court below of first, second, and third, and this court decided to hold concurrent hearings against the judgment of the court of second instance. Each of the crimes that the court of first, second, and third in the first instance recognized against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and shall be sentenced to a single sentence under Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the corresponding column of the original adjudication, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances considered as the reasons for sentencing);

1. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection.