All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for August and No. 2: imprisonment with prison labor for the court below) is too unreasonable.

2. Prior to the judgment on the grounds for appeal, the first and second court ex officio examined the defendant as to the grounds for appeal, and after completing separate hearings against the defendant in Suwon District Court Decision 2013Kadan1174 and Suwon District Court Decision 2013Kadan7328, the court sentenced the defendant to imprisonment with prison labor for the former and six months for the latter. The defendant filed an appeal against each of the above decisions, and the court of the first and second court decided to jointly deliberate on the above two appeals. The court of the first and second judgment against the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act and should be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be maintained any more.

3. Accordingly, without examining the Defendant’s assertion, the lower judgment is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, without proceeding to decide on the Defendant’s assertion, and the following is again decided through pleading.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes are recognized by the defendant, and some of the damaged goods are returned to the victims, etc. are favorable to the defendant, in light of the circumstances favorable to the defendant, there is a history that the defendant has been sentenced to punishment and fines due to the same criminal record, and that the defendant has not agreed with the victims.