All the judgment below is reversed.

A defendant shall be punished by imprisonment for four years.

1. The summary of the grounds for appeal of the first instance court’s punishment (five years of imprisonment) and second instance court’s punishment (six months of imprisonment) are too unreasonable.

2. The first and second judgments of the court below were rendered against the defendant, and the defendant filed an appeal against them, respectively, and the court decided to hold the above two appeals jointly for a trial.

Each of the first and second original judgments against the Defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the first and second original judgment cannot be maintained as it is.

3. Since the judgment of the court below on the first and second grounds for reversal ex officio, the judgment of the court below in accordance with Article 364(2) of the Criminal Procedure Act is reversed without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of each judgment of the court below.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act (the point of attempted murder, the choice of limited imprisonment), and Article 347 (1) of the Criminal Act (the point of fraud, inclusive, the choice of imprisonment with prison labor);

1. Articles 25(2) and 55(1)3 of the Criminal Act (with respect to attempted murders), which are legally mitigated;

1. Among concurrent crimes, the reason for sentencing under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment heavier than that prescribed for attempted homicide);

1. Scope of applicable sentences under law: Imprisonment for two years and six months to twenty years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Attempted homicide) [Decision of Punishment] homicide [Type 2] Ordinary homicide (Special homicide): Reduction element: Non-performance of Punishment (including serious efforts to recover damage) [Recommendation Area and Extent of Recommendation] Reduction Area, Imprisonment from April 2 year to April 2.