All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is too unreasonable that each sentence (the first sentence: imprisonment with prison labor for three years and six months, and the second sentence: imprisonment with prison labor for six months) declared by the court below is too unreasonable.

2. Each appeal was filed after the judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination, and this court decided to hold the above two appeals together for a new trial.

However, since each crime of the first and second judgment against the defendant is concurrent crimes 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.

Therefore, the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and the evidence admitted by the court and the summary of the evidence are as follows: (a) excluding the addition of “1. Defendant’s oral statement” to the column for the evidence of the first instance judgment, the same as the corresponding column of the first and second instance judgment; (b) thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act, 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, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Articles 32(1) and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss an application for compensation order (see Supreme Court Decision 2011Do4194, Jun. 10, 201) and 25(3)3 of the same Act (see Supreme Court Decision 2011Do4194, Jun. 10, 201) are not clear as to whether or not the Defendant is liable for compensation by agreement between the applicant and the Defendant in the trial and the determination of sentencing.