1. The defendant shall be punished by imprisonment with prison labor for a year and six months and a fine of 2.5 million won;

2. The defendant.

2. We examine ex officio prior to the judgment on the Defendant’s assertion.

Each appeal case against the defendant against two original judgments was consolidated in the trial court, and the facts constituting the crime of each of the above cases are concurrent crimes under the former part of Article 37 of the Criminal Act, and the crime of intimidation and the insult of the second original judgment shall be sentenced only to one punishment against the defendant under Article 38 of the Criminal Act.

In this respect, the judgment of the court below which separately sentenced punishment for the crime of intimidation and insult cannot be maintained as it is.

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 assertion of unfair sentencing, and the judgment below is reversed in its entirety, and it is so decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to those stated in each corresponding column of the judgment below, and they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 283(1) of the Criminal Act applicable to the crime in question; Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; Article 260(1) of the Criminal Act; Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; Article 283(1) of the Criminal Act; Article 298 of the Criminal Act; Article 329 of the Criminal Act; Article 311 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act among the crimes of insult;

1. Crimes of intimidation or insult of a punishment: Crimes of selective indecent act by compulsion of a fine, and larceny: Imprisonment;

1. Article 37 of the Criminal Code among concurrent crimes.