All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The rejection of a tool for construction works that have been seized.

1. The summary of the grounds for appeal (in the case of the first judgment: imprisonment with prison labor for 10 months and the second judgment: imprisonment with prison labor for 1 year, etc.) of the lower court is too unreasonable;

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

The first and second original judgments were sentenced to each of the defendants, and the defendant filed an appeal against them, and this court decided to hold a joint hearing of the above two cases of appeal. Since each of the crimes against the defendant in the first and second original judgments is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one sentence under Article 38(1) of the Criminal Act, the first and second original judgments cannot be maintained as they are.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows, after hearing.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are as stated in each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 258-2(1), Articles 257(1) and 257(1) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 314(1) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for a crime

1. Reasons for sentencing among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes with Punishment for Special Bodily Injury) of the Criminal Act;

1. Scope of punishment by law: One to fifteen years of imprisonment;

2. The scope of recommendations according to the sentencing criteria; and