All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for four months.

Summary of Reasons for appeal

A. The punishment of the lower court against the Defendant (as against the lower court’s judgment No. 1 and No. 2) (as against the Defendant: imprisonment with prison labor for 4 months, and fines for 7,00,000) is too unreasonable.

B. The Prosecutor’s sentence (No. 2: a fine of KRW 7,00,00) against the Defendant (the second instance judgment: the fine of KRW 7,00,00) is too unhued and unreasonable.

The grounds for appeal by the defendant shall be examined ex officio prior to the judgment.

The judgment of the court of first instance and the judgment of the court of second instance against the defendant was rendered, and the defendant filed an appeal against the judgment of the court of second instance against the judgment of the court of second instance, and the court of second instance decided to jointly examine the above two appeals cases.

Accordingly, each crime of the first and second judgment against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Code, and one punishment should be sentenced in accordance with Article 38(1) of the Criminal Code.

In this respect, the judgment of the court below Nos. 1 and 2 cannot be maintained as it is.

In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the above grounds for reversal of authority.

Criminal facts

The gist of the facts charged and the evidence admitted by the court is as follows: (a) the “satisfy statement of the police” column of the “satisfy statement of the police” resolution of the first instance judgment is the same as the corresponding column of the first and second judgment, except for the correction of the “satfy statement of the police” column of the “satfy statement of theO” as “satfy statement of the police” resolution.

Application of Statutes

1. Relevant Article 260(1) of the Criminal Act, the choice of punishment for the crime, Article 260(1) of the Criminal Act, Article 314(1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (the most punishment and punishment) of the Criminal Code for concurrent crimes.