Of the judgment of the court of first instance, the sentence of imprisonment with prison labor and the judgment of the court of second instance shall be reversed.

Defendant .

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy.

2. Determination

A. The judgment of the court below in the first and second instances against the defendant, each of which was rendered by the court of first and second instances, and the appeal was filed by the defendant against the guilty part of the judgment of the court of first and second instances, and the court of second and second instances decided to jointly examine these cases.

The following crimes, which have been sentenced to imprisonment with prison labor for the defendant, are the crimes of the High Court Decision 5664, 2016 High Court Decision 6515, 2016 High Court Decision 8385 High Court Decision 2016 High Court Order 2016 High Court Order 2016 High Court Order 8385 High Court Order 2016 High Court Order 2016 High Court Order 7039 High Court Order 201 High Court Order 38(1) of the Criminal Act, are concurrent crimes under the former part of Article 37 of the Criminal Act, so this part of the judgment below cannot be maintained as it is.

B. In full view of the circumstances that the lower court rendered a fine in the first instance judgment on the grounds of sentencing of the first instance judgment, and all other factors indicated in the record, the lower court appears to have determined a fine in advance on this part of the crime within the scope of the court’s discretion for sentencing, and it cannot be deemed unfair to the extent that it is too difficult to escape from reversal.

3. According to Article 364(2) of the Criminal Procedure Act, the part that sentenced the Defendant to imprisonment with prison labor among the judgment of the court of first instance is reversed, and the judgment of the court below is reversed, and the judgment below is again decided as follows after pleading.

The remaining appeal by the defendant is dismissed as it is without merit.

[Judgment] The summary of facts constituting an offense and evidence is as stated in the judgment of the court of first instance with the exception of the part [2016 order 8139] of the judgment of the court of first instance and in each corresponding column of the judgment of the court of second instance.

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 Supreme Court regarding each of the above crimes on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which aggravated concurrent crimes.