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

A. The punishment of Defendant 1 and the second instance (the first instance court: imprisonment with prison labor for one year and confiscation, and the second instance: imprisonment with prison labor for eight months) imposed on Defendant 1 and the second instance is too unreasonable.

(b)the sentence imposed by the first instance court on the accused by the prosecutor (with respect to the first instance court) is too unhued and unreasonable;

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the case of this court 2013No1682, which is the appeal case against the judgment of the court of first instance, and the case of this court 2013No2208, which is the appeal case against the judgment of the court of second instance, was consolidated in the proceedings for oral pleadings. Each crime of the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and each crime of the judgment of the court below shall be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus,

3. Accordingly, each judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for reversal of authority as above, and the judgment of the court below is reversed in accordance with the above Article 364 (2).

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 331(2) and (1) of the Criminal Act, and Article 329 of the Criminal Act, each of which is to choose a punishment for a crime;

1. Article 35 of the Criminal Act among repeated crimes (each crime of the judgment of the court of first instance)

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

1. The favorable circumstances of sentencing under Article 48(1) of the Criminal Act, such as the fact that the defendant led to the confession of the crime of this case and reflects it, and the defendant appears to have committed the crime of this case for his livelihood, are the same as the defendant.