Defendant is each crime of Articles 1 and 2 of the judgment of the court of first instance and each of the judgment of the court of second instance.

2. Prior to the judgment on the grounds for appeal, the judgment of the court of first instance and the judgment of the court of second instance against the defendant was rendered, and the defendant filed an appeal against them, respectively, and the court decided to jointly examine the above two appeals cases.

Therefore, each of the crimes of Articles 1 and 2 and each of the crimes of the judgment of the court of first instance in the judgment of the court of first instance against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the crimes is to be sentenced pursuant to Article 38(1) of the Criminal Act, so the judgment of the court of first and

3. Therefore, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in the corresponding columns of the judgment below 1 and 2. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act and Article 90 (1) of the Military Service Act (a violation of the Military Service Act) concerning facts constituting an offense;

1. Selection of punishment for larceny of Articles 1 and 2 of the judgment of the court below, larceny of each of the judgment of the court below of the second instance, and violation of the Military Service Act, and selection of fine for larceny of Article 3 of the judgment of the court of first instance

1. The latter part of Articles 37 and 39(1) of the Criminal Act for treating concurrent crimes (the crime of larceny, etc. as decided in the judgment of the court below and Articles 1 and 2 of the judgment of the court of first instance and the crime of second instance);

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