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 became final and conclusive.

1. The decision of the court below (the first instance court: imprisonment with prison labor for eight months, confiscation, and second instance: imprisonment with prison labor for four months) is too unreasonable;

2. Prior to the judgment on the grounds for appeal above ex officio, the first and second court sentenced the defendant to the above punishment after having undergone a separate examination against the defendant respectively, and the defendant filed an appeal against the first and second original judgments, and the court of the first and second court decided to concurrently examine the above appeal cases. Each of the crimes of the first and second court below against the defendant shall 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 in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, all of the judgment of the court below cannot escape from reversal.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the following is again decided upon without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen earlier.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as follows: except that the second instance “Date of March 2015” is deemed as “Feas of March 2015” under the written judgment of the court below, and the corresponding column is the same as the written judgment of the court below, and thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Articles 329, 342, and 329 of the Criminal Act, Articles 342, and 329 of the Criminal Act, Articles 342, and 330 of the Criminal Act, and Article 319 (1) of the Criminal Act concerning the selection of punishment (the points of intrusion upon residence and the choice of imprisonment);

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

1. Suspension of execution: 1. Article 62(1) of the Criminal Act ( considered as favorable conditions in front and rear); and