All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. Each sentence of the lower court (the first instance court’s imprisonment: 1 year and 6 months, and 2 years’ imprisonment) by Defendant is too unreasonable.

B. The lower court’s sentence No. 2 of the Prosecutor is too unhued and unreasonable.

2. After the judgment of the court below was rendered on the Defendant ex officio determination, the Defendant filed an appeal against the judgment of the court of first and second instance, and the prosecutor filed an appeal against the judgment of the court of second instance, and this court tried both appeals jointly.

However, since the first and second judgment's crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38 (1) of the Criminal Act, the judgment of the court below in the first and second judgment cannot be maintained as it is.

3. If so, the court below's judgment of the first and second court is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and the judgment below is reversed in entirety, and it is again decided as follows.

【The reason for the judgment in multiple times】 The facts constituting a crime and the summary of the evidence recognized by the court in this court and the summary of the evidence are as follows: “C” in the second and third parallels of the judgment in the second and third parallels of the judgment in the second and third parallels of the judgment in the court below as “E” and “the defendant’s partial statement in the court room” in the same 15 parallels of the judgment in the first and second parallels of the judgment in the court room as “the defendant’s oral statement in the

Application of Statutes

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and Articles 258-2 (1) and 257 (1) of the Criminal Act;

2. Article 35 of the Criminal Act among repeated crimes: Provided, That the proviso to Article 42 of the Criminal Act shall not apply to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes;

3. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier.