All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

, however, for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence of imprisonment with prison labor for a maximum of 10 months, which was sentenced by the first instance court on the original judgment, is too unreasonable.

B. The imprisonment with prison labor for two months sentenced by the second instance court against the second instance judgment is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal, it is apparent that the defendant was ex officio a juvenile under Article 2 of the Juvenile Act at the time when the first judgment of the court of first instance was rendered, but the defendant was not a juvenile at the time of the judgment of the court of first instance. Accordingly, the first judgment of the court of first instance which sentenced the defendant to an irregular sentence pursuant to Article 60(1) of the Juvenile Act against the defendant was no longer maintained.

B. In addition, this Court case No. 2012No2679, which is the appeal case against the original judgment of the first instance, and this Court No. 2013No198, which is the appeal case against the second original judgment, was consolidated in the oral proceedings of the first instance. Each of the crimes in the first and second original judgment is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated under Article 38(1) of the Criminal Act. Thus, the first and second original judgments shall be reversed.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal as seen earlier, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, etc.