A defendant shall be punished by imprisonment for not less than eight months.

A. The punishment of each of the lower courts (Article 1 and 2 against the lower court’s judgment) (Article 4 months of imprisonment, 2 years of probation, 2 years of probation, and 8 months of imprisonment) is too unreasonable.

B. The first instance court’s sentence (as to the judgment of the first instance court) is too unfluent and unfair.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment of ex officio.

The judgment of the court of first instance and the judgment of the court of second instance were pronounced in sequence to the Defendant, and the prosecutor filed each appeal against the judgment of the court of first instance against the judgment of the court of first instance, and the Defendant.

This Court decided to consolidate the above two appeals cases.

However, each of the crimes that the judgment of the court of first and second instance found guilty is concurrent crimes under the former part of Article 37 of the Criminal Act.

In this regard, one punishment should be sentenced in accordance with Article 38 (1) of the Criminal Act.

Accordingly, the first and second judgment of the court below 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 each of the allegation of unfair sentencing by the defendant and the prosecutor in conclusion, and the following is again decided after oral argument.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column (including the attached Form) of the judgment of the court below, and it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognizes all of the crimes of this case among concurrent crimes, and the fact that the defendant does not want the punishment of the defendant and the remaining victims do not want the punishment of the defendant by mutual consent between the victim B and the court below is favorable.