All judgment of the court below shall be reversed.

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

1. Summary of grounds for appeal;

A. The punishment of the first instance judgment (two months of imprisonment) and the second instance judgment (five million won of a fine) on the grounds of appeal by the defendant are too unreasonable.

B. The Prosecutor’s appeal of the second judgment of the lower court (a fine of five million won) is deemed to be too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal, the first and second judgments were rendered to the defendant ex officio, and only the defendant filed an appeal to the second judgment, to the second judgment, and the prosecutor and the defendant filed an appeal to the second judgment, and the court decided to conduct a consolidated examination of the above two appeals cases. As examined below, the court of first and second judgments decided to punish the second judgment differently from the court of original judgment. As such, each of the crimes against the defendant in the first and second judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the first and second judgments cannot be maintained as they are, since they are concurrent crimes under Article 38(1)2 of the Criminal Act.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the allegation of unfair sentencing, on the grounds of the above reasons for reversal of authority, and it is again decided as follows.

[Reasons for the Decision] Summary of Criminal facts and evidence [criminal records] Defendant was sentenced to imprisonment for one year and four months at the Seoul Southern District Court on November 25, 2016, due to indecent act by compulsion, etc., and the execution of the sentence was completed on January 29, 2018.

[Criminal facts of the first instance judgment] The Defendant, around 00:22 September 9, 2018, intended to purchase tobacco under the influence of alcohol at the “HVus” operated by the victim G in Yeongdeungpo-gu Seoul Metropolitan Government, and was unable to purchase tobacco due to the lack of money. The Defendant, “the victim,” was shot, deemed as shot, the same youth, and the previous brea, and breabing another string in the breabbus.

The gue is the gue.

In making a report, (in-house) bread is later.