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. Regarding the summary of the grounds for appeal (e.g., the first instance court’s imprisonment with labor for one year and eight months) that the lower court sentenced (e.g., the first instance court’s imprisonment with labor for one year, and the second instance court’s imprisonment with labor for eight months), the Defendant appealed from each of the lower courts on the grounds that the Defendant’s punishment is too unreasonable and unfair.

2. The first and second judgments of the lower court were rendered on the Defendant, and the Defendant and the Prosecutor filed each appeal against the lower judgment, and the lower court decided to jointly deliberate on the appeal cases against the lower judgment.

The judgment of the court below against the defendant should be sentenced to one punishment in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, so the 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 the Defendant and the prosecutor’s allegation of unfair sentencing on the grounds of ex officio reversal, and the judgment of the court below is reversed in its entirety, and it is again decided as follows through pleading.

【Reason used in the judgment below】 The facts constituting a crime and the summary of evidence acknowledged by the court below and the summary of evidence are identical to the corresponding column of each judgment of the court below in addition to changing “the defendant’s partial statement” from among “the summary of evidence” of the judgment of the court of first instance to “the defendant’s oral statement at court.” Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 36 of the Criminal Act, Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 260 (1) of the Criminal Act, Articles 371, 369 (1), and 366 of the Criminal Act, Article 141 (1) of the Criminal Act, Article 141 of the Criminal Act, the selection of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.