All the judgment below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. The summary of the grounds for appeal (No. 1: 2 years of imprisonment with prison labor for the first instance court, and No. 2: 8 months of imprisonment for the second instance) is too unreasonable.

2. The judgment of the court below was rendered to the defendant for the judgment of ex officio, and the defendant appealed against each of the above judgments, and this court decided to hold a joint hearing of each of the above appeals cases.

However, since the first and second judgment against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the first and second judgment cannot be maintained in entirety.

3. As such, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are identical to each corresponding column of each judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 347 (1) of each Criminal Act (each fraud point and each choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes [limited to the proviso to Article 42 of the Criminal Act for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime against Drivers, Violence, etc.)];

1. From among concurrent crimes, Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes (aggravated Punishment, etc. of Specific Crimes (aggravated Punishment, etc. of Specific Crimes with the largest punishment)

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Legal penalty;