We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal appealed from the lower court’s punishment (one year and two months of imprisonment with prison labor, and two months of imprisonment) by the Defendant. The prosecutor appealed from the lower court’s punishment too unfortunate and unfair, and the prosecutor appealed from the lower court’s punishment.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.

The defendant and the prosecutor filed an appeal against the judgment of the court below and tried the appeal jointly. Since each of the offenses of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38 (1) 2 of the Criminal Act, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal of the judgment below. The judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns 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 and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

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. Scope of punishment by law: Not more than 15 years of imprisonment;

2. Scope of a recommended sentence on the sentencing guidelines: Imprisonment with prison labor for up to six months and up to one year and six months [the scope of a recommended sentence] general frauds (less than KRW 100 million) and basic area (from six months to one year and six months) (special mitigation (special mitigation)), both mental and physical weakness, and repeated crimes of the same kind.

3. The defendant was found to have committed each of the crimes of this case in a state of mental and physical weakness.