A. The judgment of the court below 1) The punishment of the court below (two years and six months of imprisonment) is too unreasonable.

2) The lower court’s sentence on the prosecutor’s appeal is too uneased and unreasonable.

B. The judgment of the court below of the second instance (two years and two months of imprisonment) is too unreasonable.

2. The judgment of the court of first instance and the judgment of the court of second instance rendered each of the judgment of the court of first instance, and both of the judgment of the court of second instance filed each appeal against the defendant, and the court of second instance decided to jointly examine the above two appeals cases.

Each crime of the first and second judgment against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence shall be imposed pursuant to Article 38(1) of the Criminal Act. As such, the remainder of the judgment of the first and second judgment except the rejection of an application for compensation order among the judgment of the court below cannot be maintained as it is.

3. The conclusion of the judgment below is that there is a ground for reversal ex officio as above, without examining both parties' unfair arguments on sentencing, all of the remaining parts of the judgment below No. 1 and the judgment below No. 2, excluding the rejection of application for compensation order pursuant to Article 364(2) of the Criminal Procedure Act, shall be reversed, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by this court is to be cited in accordance with Article 369 of the Criminal Procedure Act, except for a case where the 14th page 4 of the judgment of the court of first instance changed "in fact" to "in fact" as stated in the corresponding column of the judgment of the court below.

Application of Statutes

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes (Article 35 of the Criminal Act No. 2014, 379, 2014, 597, 2014, 1187, 2014, 1187, 202, 1, 1, 1, 6, 1, 1, 1, 1, 1, 2, and 2, of the Criminal Act as stated in the judgment of the court below.