All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 6 or 7 shall be confiscated.

1. The decision of the court below (the first instance court: imprisonment of 1 year and 6 months, the second instance court: imprisonment of 6 months, the confiscation) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, there are reasons for ex officio reversal as follows.

(1) The court of original judgment, after having completed a separate hearing against the defendant, sentenced the above imprisonment with prison labor, and the defendant filed an appeal against each of the above judgments and decided to hold a joint hearing by this court. Each of the offenses against the defendant in the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus, a single punishment shall be sentenced simultaneously in accordance with Article 38(1) of the Criminal Act.

② In this court, the prosecutor filed an application for amendment to an indictment with respect to the facts charged in the judgment of the court of first instance to “a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” and the applicable provisions of the law to “Article 3(1), 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act” were amended to “Article 258-2(1) and Article 257(1) of the Criminal Act,” respectively, and this court approved the amendment and changed to the subject matter of the judgment.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows without further proceeding to decide on the Defendant’s unfair assertion of sentencing, on the grounds that the judgment of the court below was reversed ex officio as seen earlier.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of each of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act and Article 330 of the Criminal Act concerning the facts constituting an offense;

1.Article 40 of the Criminal Code of Trade and Trade.