All parts of the judgment of the court below against the defendant shall be reversed.

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

except that this shall not apply.

1. The summary of the grounds for appeal (the first judgment: 2 years of suspended execution, probation, community service, 120 hours of community service, and second judgment: Imprisonment with prison labor for 6 months: 2 years of suspended execution, 2 years of probation, community service and 120 hours of community service) is too unreasonable; and

2. The Defendant filed an appeal against the judgment of the court below, and the trial court decided to consolidate the above appeal cases.

However, each of the judgment below's offenses is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be sentenced pursuant to Article 38 (1) of the Criminal Act. Thus, the judgment below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part of the judgment of the court below against the defendant is reversed, and it is again decided as follows after oral argument.

[Reasons of the judgment of the court below which used again as to the part of the defendant in the judgment below] Criminal facts and the summary of the evidence, and the summary of the evidence, are the same as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 6 of the relevant Act on the Punishment of Violences, etc. of Criminal Crimes, Articles 2(2)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act (the point of attempted joint conflict), Article 2(2)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 347-2 of the Criminal Act, each of the types of imprisonment options;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act Article 62 (1) of the Criminal Act is suspended;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to two years;

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