All judgment of the court below shall be reversed.

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

1. Summary of grounds for appeal;

A. The sentencing of the lower court by each of the Defendant (Article 1: 1 year and April, 2: Imprisonment with prison labor for the first instance court) is too unreasonable.

B. The lower court’s sentencing of the Prosecutor No. 2 is too unfortunate and unreasonable.

2. The judgment of the court of first instance and the judgment of the court of second instance on the grounds for appeal ex officio prior to the judgment on the grounds for appeal ex officio, were sentenced respectively, and the court of second instance decided to hold two appeals jointly as the defendant filed an appeal and the prosecutor appealed against the judgment of the court of second instance.

However, since the first and second judgment against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, one sentence should be imposed in accordance with Article 38(1) of the Criminal Act, the first and second judgment of the court below cannot be maintained as it is.

3. Accordingly, 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 by the defendant and the prosecutor, on the grounds that the above grounds for reversal are ex officio, and the judgment below is reversed and it is again decided as follows.

[C] The summary of the facts constituting an offense and evidence recognized by the court against the defendant and the summary of the evidence are the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 232-2 of the Criminal Act, and Articles 234 and 232-2 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: 15 years of imprisonment;