The part of the judgment of the first instance and the judgment of the second instance against the defendant shall be reversed.

Defendant shall be punished by imprisonment for a period of one and half years.

1. Summary of grounds for appeal;

A. Each sentence of the lower court against the Defendant (No. 1: 10 months of imprisonment, and No. 2: 6 months of imprisonment) is too unreasonable.

B. The lower court’s second sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Article 1 and 2 of the judgment of the court of first instance is sentenced to each of the judgment of the court of first instance, and the defendant and the prosecutor respectively filed an appeal against the judgment of the court of second instance, and the court of second instance decided to hold concurrent trials with each of the above appeal cases. Since the crimes of the court of first and second instance against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act and one sentence should be imposed pursuant to Article 38(1) of the Criminal Act, one of the judgment of the court of first and second instance cannot be maintained.

3. As such, the part of the judgment of the court of first instance and the judgment of the court of second instance on the defendant is reversed under Article 364(2) of the Criminal Procedure Act without further proceeding to decide on the allegation of unfair sentencing by the defendant and the prosecutor, and the judgment of the court of first and second instance is reversed, and it is again decided as follows

The facts constituting the crime and the summary of the evidence recognized by the court are identical to the facts constituting the crime and the summary of the evidence, and therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 261 of the Criminal Act, Articles 260(1) of the Criminal Act, Articles 152 subparag. 1 and 43 of the Road Traffic Act, Articles 258-2(1) and 257(1) of the Criminal Act, Article 366 of the Criminal Act, Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Article 261 of the Criminal Act, Article 260(1) of the choice of the punishment for the crime (the occupation of special violence, the choice of imprisonment), Article 257(1) of the Criminal Act, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 2(2)1 and 2 of the Punishment of Violences, etc. Act.