All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of the grounds for appeal each unfair sentencing [the sentence of the lower court: Imprisonment with prison labor for each of eight months (the first and second instances of the lower court); and the Defendant withdrawn his claim of mental and physical disability as to the first instance judgment on the date of the first instance trial];

2. Judgment ex officio (ex officio reversal following a consolidated hearing) shall be deemed ex officio prior to the judgment on the grounds for appeal.

The Defendant filed an appeal against the lower judgment, and this Court decided to jointly deliberate on the two appeals cases.

The judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is

3. The judgment of the court below is reversed in its entirety under Article 364(2) of the Criminal Procedure Act, without examining the grounds for appeal on unfair sentencing by the defendant, on the grounds of ex officio reversal as seen above. The judgment of the court below is reversed in its entirety, and it is again decided as follows through pleading.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime of each 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 329 and 342 and 329 of the Criminal Act concerning the crime and the choice of punishment, respectively, Articles 329 of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances and the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc.: (a) the reason for sentencing under the former part of Article 37, Articles 38(1)2 and 38(1)3, and Article 50 (Aggravation of Concurrent Crimes against Victims V with the most severe punishment and punishment) of the Criminal Act; and (b) the punishment as ordered.

The favorable circumstances: The defendant was at the time of committing the crime of this case and depthed.