Of the first judgment, the remainder and the second judgment except for the case for which an attachment order is requested are all held.

1. Summary of grounds for appeal;

A. The sentence of the first instance court (the imprisonment of 16 years, confiscation) against the Defendant and the person who requested to attach an attachment order (hereinafter “Defendant”) is too unreasonable.

B. The prosecutor’s each sentence of the lower court (the first instance court, the second instance court, the second instance court: imprisonment with prison labor for six months, the suspension of execution for two years, probation, and the community service order of 200 hours) is too uneasy and unreasonable.

2. Each appeal case against the first and second original judgment was consolidated in this court's judgment as to the part of the defendant's case. Since each of the crimes of the first and second original judgment is a concurrent crime under the former part of Article 37 of the Criminal Act, this court which simultaneously rendered the judgment should pronounce one punishment in accordance with Article 38(1) of the Criminal Act.

Therefore, the first and second original judgments cannot be maintained as they are.

3. According to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as to the part of the case for which the attachment order is requested, if an appeal is filed against the judgment of the Defendant’s case, the judgment on the case for which the attachment order is requested shall also be deemed to have been appealed.

However, the defendant appealed against the first instance judgment which pronounced guilty of the defendant's case and dismissed the prosecutor's request for attachment order. The defendant's dismissal part of the request for attachment order does not benefit from appeal, and considering the prosecutor's appeal about this part, the prosecutor did not state the grounds for appeal regarding the part of the request for attachment order in the petition of appeal and the statement of reasons for appeal submitted to the first instance judgment, and the reasons for reversal

4. Accordingly, without examining the argument of unfair sentencing by the Defendant and the prosecutor, the remaining parts of the first instance judgment excluding the part requesting an attachment order among the part requesting an attachment order, and the second lower judgment are reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and the following are followed by oral argument