The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for a period of ten months and a fine of two million won.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. Before the judgment on the grounds for appeal for ex officio determination, the Prosecutor applied for permission to amend the Bill of Indictment (Article 39(3) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders) in the applicable provisions of the indictment of this case in the appellate trial of this case. Since this court permitted it, the judgment of the court below was no longer maintained.

3. The court below's decision is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is so decided as follows.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court are identical to the facts constituting the offense and summary of the evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 38(1) and Article 14(1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the applicable provisions of the relevant criminal facts and Articles 39(2) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, Article 32(2) of the Act on Probation, Electronic Monitoring, etc. of Specific Criminal Offenders, Article 39(3) and 9-2(1)5 of the Act on Probation, Electronic Monitoring, etc. of Specific Criminal Offenders, Articles 329 of the Criminal Act, Article 283(1) of the Criminal Act, Article 366 of the Criminal Act, Article 330 of the Criminal Act, Article 330 of the Criminal Act

1. Article 37 of the Criminal Act aggravated for concurrent crimes.