Each part of the first and second original judgment shall be reversed against the defendant.

A defendant shall be punished by imprisonment for nine months.

1. Summary of grounds for appeal;

A. The punishment of Defendant 1’s imprisonment (six months of imprisonment) and that of Defendant 2’s original judgment (three months of imprisonment) are too unreasonable.

B. The sentence of the second lower judgment of the Prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds of appeal, the first and second judgment sentenced the defendant to imprisonment with prison labor, respectively, and the defendant and the prosecutor respectively filed an appeal against the second judgment. The court decided to jointly examine the above two appeals cases.

However, each crime of the first and second original judgments against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and in the case of sentencing imprisonment, one of the sentence should be sentenced pursuant to Article 38(1)2 of the Criminal Act. Thus, the part against the defendant in the first and second original judgments cannot be maintained as it is.

3. Of the judgment of the first and second court, the part on the defendant is reversed, and the part on the defendant in the judgment of the first and second court is remanded pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and the part on the defendant in the judgment of the first and second court is again decided after pleading as follows.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the part of the defendant in each corresponding column of the first and second original judgments, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 258-2 (1), Articles 257 (1), and 30 of the Criminal Act, Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 8 of the Special Act on the Prevention of Insurance Fraud, the Selection of Insurance Fraud, and Selection of Imprisonment);

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