A defendant shall be punished by imprisonment for three years.

Nos. 1 through 4 of seized evidence.

A. Each sentence (the first instance court: 3 years, confiscation, and 1 year and 6 months) of the lower court against the Defendant is too unreasonable.

B. The first instance court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The grounds for appeal by the defendant ex officio are examined ex officio prior to the judgment.

Defendant

In regard to the judgment of the court of first instance, the prosecutor filed an appeal against the judgment of the court of second instance, and this court decided to jointly examine the above appeal cases.

However, since each of the offenses recognized by the lower judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed within the scope of punishment aggravated by concurrent crimes pursuant to Article 38(1) of the Criminal Act, the lower judgment cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the offense and summary of evidence, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, Articles 352, 347(1), and 30 of the Criminal Act, Articles 329 and 30 of the Criminal Act, Articles 229 and 225 of the Criminal Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, Article 89-2 subparag. 1 of the Military Service Act, Article 89-2 of the Military Service Act, and Article 35 of the Criminal Act, with the exception of the exercise of forged official document, shall be selected as imprisonment for each other.

1. The defendant's reason for sentencing under Article 48 (1) 1 of the Criminal Act is the reason for the confiscation of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act.