The guilty part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Of the judgment of the court below No. 1, the court below dismissed the public prosecution as to insult among the facts charged and sentenced guilty as to the remainder of the facts charged.

The defendant appealed against the guilty portion, but the dismissed part of the prosecution was separated and confirmed as it did not appeal.

The dismissal of public prosecution shall be excluded from the inquiry of this Court.

2. The summary of the grounds for appeal (unfair sentencing) of the lower judgment (one year of imprisonment and six months of imprisonment) is too unreasonable.

3. The Defendant appealed against the guilty part of the judgment of the court of first instance and the judgment of the court of second instance, and this court decided to consolidate the above appeal cases with each other.

Each of the judgment below's crimes is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence is determined in accordance with Article 38 (1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

4. The guilty part of the judgment of the court below No. 1 and the judgment of the court below No. 2 are reversed ex officio. Thus, without examining the defendant's unfair argument of sentencing, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act and it is again decided as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court and the summary of the facts charged and evidence are as stated in the corresponding column of each of the judgment below, thereby admitting them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the facts constituting an offense under the corresponding provisions of the relevant Act, Article 283(1) of the Criminal Act (a) of the Criminal Act, Article 314(1) (a) of the Criminal Act, Article 319(2) and (1) (a) of the Criminal Act, Article 257(1) of the Criminal Act (a) of the Criminal Act, Article 366 of the Criminal Act, Article 319(1) of the Criminal Act (a) of the Criminal Act, Article 319(1) (a) of the Criminal Act (a point of intrusion upon residence)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (amended by Act No. 14510, Mar. 1, 2017; Act No. 14520, Mar. 4, 2017>