We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

A. The sentencing of the original decision by Defendant 1 and 2 is too unreasonable.

B. The sentencing of the second decision of the Prosecutor’s 2nd decision is too uncomfortable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

The first and second original courts rendered a judgment to each of the defendants after completing separate hearings against the defendant in accordance with the Gwangju District Court Decision 1758, 1963, 2134, 231, 2017, and 3909, respectively. The first and second original courts rendered a judgment to be sentenced to each of the defendants. The defendant, the second and the second original judgment filed an appeal against the defendant, and the court decided to jointly deliberate on the above appeal cases. Since the two crimes of the first and second original judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, each of the two crimes should be sentenced to a single sentence within the scope of a single sentence subject to aggravated punishment pursuant to Article 38(1) of the Criminal Act. In this respect, the first and second original judgment cannot be exempted from all of the judgment.

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment below 1 and 2, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 360 (1) of the Criminal Act (a point of embezzlement of deserted articles in possession), and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The fact that the defendant's reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are divided into his/her mistake, and some damage has been recovered.