The remainder of the first instance judgment excluding the dismissed part and the second instance judgment shall be reversed.

1. The first instance court dismissed the prosecution of intimidation against the victim S and sentenced him to the remainder of the facts charged.

As to this, the part on which conviction was pronounced among the judgment of the first instance, but the defendant and the prosecutor appealed respectively on the ground of unfair sentencing. Thus, the dismissal of the above dismissal part among the judgment of the first instance became final

Therefore, the scope of this court's adjudication is limited to the remaining part of the first judgment except the dismissal of prosecution and the second judgment.

2. Summary of grounds for appeal (unfair sentencing)

A. Each sentence imposed by the lower court (the first instance court: imprisonment with prison labor for six months, the second instance court: imprisonment with prison labor for six months, the suspension of execution for two years, probation, social service for 160 hours) is too unreasonable.

B. Each sentence of the court below rendered by the prosecutor is too uneasible and unfair.

3. The judgment of ex officio and the prosecutor filed an appeal against the judgment of the court below, and the court decided to consolidate the above appeal cases.

Each of the judgment below against the defendant shall be sentenced to one punishment for concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

4. The judgment of the court below is reversed on the grounds of ex officio reversal, and the remaining part of the judgment of the court of first instance excluding the dismissed part among the judgment of the court of first instance under Article 364(2) of the Criminal Procedure Act excluding the dismissed part of the judgment of the court of second instance is reversed, and the following judgment is delivered

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act (Fraud) and Article 283(1) of the Criminal Act concerning criminal facts, the choice of punishment, etc.