All judgment of the court below shall be reversed.

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

, however, for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentencing of the second court (one year of probation, probation, community service, 120 hours of imprisonment with prison labor for four months) is too unreasonable.

B. The first instance court’s sentencing (two years of probation, probation, social service, and 160 hours of probation in August) of the first instance court (with regard to the first instance court’s judgment) is deemed to be too uneasible and unfair.

2. The appeal case against the judgment below was consolidated with the judgment of the court below ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor. Each of the offenses in the judgment below against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below shall be reversed.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and the following is again decided after pleading.

[Discied Judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are the same as the corresponding column of each judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 260 (1) of the Criminal Act (the point of violence, the choice of imprisonment), Article 366 of the Criminal Act (the point of destroying and damaging property, and the choice of imprisonment) concerning the crime;

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

1. Article 62 (1) of the Criminal Act on probation;

1. The reasons for sentencing under Article 62-2 of the Act on Probation and community service order reflects his/her mistake while making a confession of all of the crimes of this case. However, the fact that the defendant has been punished several times due to the same kind of violent crime, and most of the damage recovery are not achieved.