2. The defendant shall be punished by imprisonment for a term of one year and two months; and

3. The defendant 304,280.

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

The judgment of the court below of first instance and the judgment of the second instance are concurrent crimes under the former part of Article 37 of the Criminal Act.

The judgment of the court below can no longer be maintained, since the court has to render a single sentence against the defendant in accordance with the consolidation decision with respect to each of the above cases appealed.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 30(1)1 of the Act on Special Cases Concerning the Regulation and Punishment of Speculative Acts, etc. concerning the Crimes, Article 30(1)1 of the same Act, Article 30 of the Criminal Act (the use of speculative machines and the choice of imprisonment), Articles 258-2(1), 257(1), and 30 of the Criminal Act (the occupation of special injury) of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter “former Punishment of Violences, etc.”)

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lowest sentence shall be applicable to the crimes of violation of the Act on the Punishment of Violences, etc. with the largest punishment (joint injury)].