The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance shall be reversed, respectively.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. Each sentence sentenced by the first and second original sentence of Defendant 1 (the first sentence: imprisonment for 8 months and the second sentence: imprisonment for 2 years) is too unreasonable.

(b)the sentence sentenced to the Defendant by the first instance judgment of the Prosecutor is too unhued and unreasonable;

2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor, the first, and second court examined the case ex officio prior to the judgment on the grounds for appeal by the Defendant and the prosecutor, sentenced the Defendant to each conviction, and the Defendant and the prosecutor (the judgment of the court of first instance) filed an appeal respectively. The court decided to concurrently examine each of the above appeals cases.

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Therefore, each judgment of the court below against the defendant was no longer maintained in this respect.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining each of the unfair arguments of sentencing by the defendant and the prosecutor, and the judgment below is reversed in entirety, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 145(1) of the Criminal Act regarding the choice of punishment (the point of escape), Articles 141(1), 30 (a), 347(1) of the Criminal Act (the point of fraud, the choice of imprisonment), Articles 109(1), and 36 of the Labor Standards Act (the point of violation of the Labor Standards Act, the choice of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of punishment: Imprisonment with prison labor for not more than 15 years;

2. The scope of punishment recommended according to the sentencing criteria.