All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

The Defendant appealed that each punishment of the lower court is heavy.

In the judgment of the first instance, the defendant was sentenced to two years of imprisonment and one year of imprisonment in the judgment of the second instance, and each of the appeals was appealed.

The judgment of the court below, in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act, has become unable to be maintained as it is because one sentence is imposed.

The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act because there are such reasons for ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the court below's judgment, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 342 of the Criminal Act concerning the crime committed;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the punishment shall be determined by taking into consideration the facts that both concurrent cases with reasons for sentencing under the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act have been committed at the same time;