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

(a) Each sentence (one year in the first instance: imprisonment with prison labor for the first instance and four months in the second instance: imprisonment with prison labor for the second instance) imposed on the accused by the first and second instances of the accused is too unreasonable; and

B. The above sentence sentenced to the defendant by the second instance court (with regard to the second instance judgment), is too unfased and unfair.

2. Prior to the judgment on the grounds of appeal by the defendant and the prosecutor, the first and the second and the second judgments are rendered to the defendant, and the prosecutor filed an appeal against each of the above judgment below against each of the above judgment below, and this court decided to hold concurrent hearings of the above two appeals. Each of the crimes in the first and second judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and 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 defendant and the prosecutor's allegation of unfair sentencing, and it is again decided as follows through pleading.

【Discrimined Judgment】 Criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the first and second original judgments. Thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 331(2) and (1) of the Criminal Act, Articles 331(2) and (1), and 30 of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes is that the defendant committed the instant crime without being aware of the period of repeated crimes, and the method of the number of crimes is organized, planned, and the defendant was in the entire process.