The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment for a period of eight months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance judgment: 4 months of imprisonment, the second instance judgment: 4 months of imprisonment, and the confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. To examine ex officio a judgment on the grounds for appeal by a public prosecutor and the defendant;

The defendant and the prosecutor filed an appeal against the judgment of the court below and tried two appeals jointly. Each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below against the defendant should be sentenced to one punishment in accordance with Article 38 (1) 2 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed the part of the judgment of the court of first instance as to the defendant and the judgment of the court of second instance ex officio pursuant to Article 364(2) of the Criminal Procedure Act, without examining the prosecutor's and the defendant's assertion of unfair sentencing, on the ground that the above reasons for

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in 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. Article 2(2)2 of the relevant Act on the Punishment of Violences, etc. of Specific Crimes, Article 276(1) of the Criminal Act, Article 276(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Article 69(1)4, Article 16(4) of the Wildlife Protection and Management Act, Articles 46(1) and 8(1) of the Animal Protection Act, Article 311 of the Criminal Act, and Article 257(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the same Act, Article 69(1)4, and Article 16(4) of the Animal Protection Act, Article 46(1)

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

1. Confiscation.