All the judgment below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the first instance court’s imprisonment with prison labor for one year and six months, and the second instance court’s imprisonment with prison labor for one year) is too unreasonable.

2. We examine ex officio the grounds for appeal ex officio before determining the grounds for appeal.

Each court of the original instance filed an appeal against the defects of the first and second judgment after completing a separate hearing in Seoul Central District Court 2017 High Court 1314, 2018 High Gohap 198 High Gohap 2018 High Gohap 2018 High Gohap 2818, 402 (Joint) and the Seoul Central District Court 201 High Gohap 2018 High Gohap 2818, 402 (Joint). The appellate court rendered a decision to

However, since each crime of the first and second judgment in the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, it is necessary to render a sentence to the defendant in accordance with Article 38(1) of the Criminal Act, the judgment of the court below in the first and second judgment cannot be maintained as it is.

3. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed ex officio, and the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

【Grounds for another judgment】 The same is identical to the description of each corresponding column of the first and second judgment on criminal facts and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 329 of the Criminal Act (the point of habitual larceny), Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence, choice of imprisonment without prison labor), Article 347(1) of the Criminal Act (the choice of imprisonment with prison labor, inclusive,), Article 355(1) of the Criminal Act (the selection of punishment), Article 355 of the Criminal Act (the point of embezzlement and the choice of imprisonment with prison labor)

1. Article 35 of the Criminal Act for aggravated repeated crimes [Inasmuch as there are criminal records of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., of which the execution of punishment was completed on November 10, 2016]

1. Article 37 (former part of Article 37, Article 38 (1) 2, Article 38 (2), and Article 50 (Concurrent Punishment) of the Criminal Act.