All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 2,500,000 won.

The defendant above.

1. Summary of grounds for appeal by the defendant;

A. The Defendant did not commit a crime that was found guilty by the first judgment of the lower court.

B. The punishment of ten months and fines of 500,000 won, and fines of 2,00,000 won sentenced by the second instance, which have been sentenced by the first instance court of unfair sentencing, is too unreasonable.

2. Determination

A. In light of the evidence duly adopted and examined by the court below, in particular the statements of the victim and witness in the investigation agency and the court below, the facts constituting the crime stated in the first instance judgment are sufficiently recognized. Thus, this part of the defendant's assertion is without merit.

B. Prior to the judgment on the Defendant’s assertion of unfair sentencing by authority, the Seoul Southern Southern District Court 2014dan4795, the Seoul Southern District Court 2015Ma755, and the Seoul Southern Southern District Court 2015Ma755, each of the two original trials was sentenced to imprisonment for 10 months and fines for 500,000 won for the former, and a fine for 2,00,000 won for the latter. However, this court decided to conduct a consolidated hearing as a result of each appeal by the Defendant. Since each of the offenses against the Defendant in the judgment of the original court is in a concurrent relationship under the former part of Article 37 of the Criminal Act and should be sentenced to a single sentence or a concurrent sentence within the scope of one of the concurrent crimes under Article 38(1) of the Criminal Act, the judgment below against the Defendant cannot be maintained in this respect.

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act, since there are reasons for ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant are as stated in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;