All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

, however, for one year from the date this judgment becomes final and conclusive.

1. The decision of the court below on the summary of the grounds for appeal (No. 1: fine of 1 million won, and imprisonment of 2: 8 months) is too unreasonable.

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

The defendant filed an appeal against the judgment of the court below, and this court decided to hold a joint hearing of the above two appeals cases. Since the first and second appeals against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act, the judgment of the court of first and second instance 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, on the grounds of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 311 of the Criminal Act, Article 156 of the Criminal Act, and Article 156 of the Criminal Act, the choice of imprisonment for a crime;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act (with respect to the crime of false accusation) of the said Act;

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

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is committed on the ground of the suspended execution of sentence. The defendant, at the bus terminal in which the general public gather, insults the victim D with severe desire, and thereby, as a result, he was accused of insult from D, thereby making D false accusation of false accusation, causing D to put D at risk of criminal punishment, interfering with the appropriate exercise of the state's criminal justice authority, and the defendant committed insult in the past.