The judgment of the court of first instance and the judgment of the court of second instance are reversed.

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

1. The sentence of the original court (No. 1: imprisonment of 6 months, and imprisonment of 4 months) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The first and second court rendered a separate judgment after examining the case ex officio. The defendant filed an appeal against all the above decisions, and the court decided to consolidate the above appeal cases.

Each of the first and second original judgments against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and must be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. Therefore, each of the above original judgments is no longer maintained.

3. Accordingly, the judgment of the court below of this case is reversed in its entirety under Article 364 (2) of the Criminal Procedure Act without examining the defendant's respective grounds for reversal of unfair sentencing, and it is again decided as follows.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are the same as the entries of the judgment of the court of first instance and the judgment of the court of second instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against victims E with heavy punishment) are against the judgment of the trial of the trial of the trial of the trial of the defendant, each injury of the victims is not much severe, the defendant has no particular criminal power, the defendant suffers from cerebrovascular and is in an economically difficult situation without good health.