All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 6 months and imprisonment for 2 years) by the court below is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The judgment of the court of first instance and the judgment of the court of second instance against the defendant were sentenced respectively, and the defendant filed an appeal against the above two judgments, and this court decided to hold concurrent hearings. The crimes of the first and second judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and the crimes of the first and second judgment against the defendant are concurrent crimes under Article 38(1) of the Criminal Act, and thus, the judgment of the court of first and second judgment cannot be maintained as they are.

3. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as that of each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257(1) of the Act on the Punishment of Violences, etc. (amended by Act No. 13718, Jan. 6, 2016); Article 2(2) and Article 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 350(1) of the Criminal Act (amended by Act No. 366 of the Criminal Act); Article 350(1) of the Criminal Act (amended by Act No. 350), Article 283(1) of the Criminal Act (amended by Act No. 12631, May 20, 2014); Article 47 subparag. 1 and 19(1) of the former Act on the Punishment of Violences, etc. (amended by Act No. 12631, May 20, 201); Article 18(2) of the former Punishment of Violences, etc. Act (amended by Act No.)