All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

provided that this ruling has become final and conclusive.

1. Summary of grounds for appeal;

A. The defendant's each punishment of the court below (the first instance court: the imprisonment of 6 months and the second instance court: the imprisonment of 4 months) is too unreasonable.

B. The Prosecutor’s first instance court’s imprisonment (six months of imprisonment) is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio determination, the prosecutor filed each appeal against the judgment of the court of first instance against each of the judgment of the court below, and tried concurrently at the court of first instance. Each of the crimes of the court below is a concurrent crime 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 increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act, and Article 355(1) of the Criminal Act, the choice of imprisonment for a crime;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act dealing with concurrent crimes (trade between each crime at the time of sale and fraud for which judgment has become final and conclusive);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. does not reach an agreement with the victim C. However, the amount of damage is not so significant, but the defendant recognized the error and reflects it, and the victim C.