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

Defendant shall be punished by imprisonment for a period of one and half years.

1. The decision of the court below against the defendant on the summary of the grounds of appeal (unfair sentencing: 1 year of suspended sentence; 3 years of suspended sentence; 80 hours of community service order; 2 years of suspended sentence in June; and 80 hours of community service order) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the court of the first instance decided to hold the defendant together with each appeal case by the court below against the defendant. Each of the offenses in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single punishment should be sentenced in accordance with Article 38 (1) of the Criminal Act.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the part of the judgment of the court below No. 1 and the judgment of the court below No. 2 of the court below against the defendant is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 94(1)3, 37(1) (a) of the Food Sanitation Act (a) of the same Act concerning the selective type of crime, and Articles 98 Subparag. 1 and 44(3) (a) of the Food Sanitation Act (a) of the same Act; (b) Articles 98 Subparag. 1 and 44(3) (a) of the same Act; (c) Articles 152(1) and 31(1) (a) of the same Act concerning punishment; (d)

1. Articles 53 and 55 (1) 3 of the Criminal Act (with respect to confessions and perjury) to be mitigated by law;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order are more than a suspended sentence.