All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

seizure from the defendant.

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for August, confiscation, and confiscation for the second instance judgment: imprisonment with prison labor for three months and confiscation) of the lower judgment is too unreasonable.

2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were rendered, and the defendant filed each appeal against them, and the court decided to hold the above appeal together with other appeals cases.

However, the judgment of the court below against the defendant should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below is no longer maintained

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is reversed, and it is so decided as follows.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Articles 144(1), 136(1) of the Criminal Act, Articles 284, 283(1) and 141(1) of the Criminal Act, the choice of imprisonment for a crime, the choice of a punishment

1. The reason for sentencing of Article 48(1) of the Criminal Act among concurrent offenders is not only the fact that the defendant committed the same violent crime and drinking-related crime, but also committed each of the crimes of this case without being aware of it even though he was under the suspension of execution due to drinking driving, and the crime of special intimidation is committed while being investigated in the preceding case.