All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. Summary of grounds for appeal;

A. Judgment of the court below 1: Imprisonment with prison labor for 8 months and 2 months: Imprisonment with prison labor for 0 months

B. The above punishment sentenced by the judgment of the court below is too unreasonable.

B. The above types of punishment sentenced by the Prosecutor’s judgment are too unhued and unjust.

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

The judgment of the court of first instance and the judgment of the court of second instance against the defendant were sentenced respectively, and the prosecutor and the defendant filed an appeal against each judgment of the court of first instance, and this court decided to consolidate the two appeals cases.

However, the judgment of the court of first instance and the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the judgment of the court of first and second instances cannot be maintained as they are.

3. The judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act without omitting the determination of the illegality of sentencing by the defendant and the prosecutor, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes committed the instant crime repeatedly despite the fact that the Defendant had been sentenced to one year of probation in June 200 to imprisonment in 200, and two years of probation in August 200 to imprisonment in 204, and that the Defendant committed the instant crime repeatedly; the majority of the victims and the Defendant had escaped for a long time and most of the damages have not been recovered (the Defendant recovered from damage to Qa of the victim Q of 2016 No. 5181).