All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. The lower court’s punishment in the grounds of appeal No. 2014No4519 is too unreasonable.

B. 2015No236 (1) The lower court’s punishment is too unhued and unreasonable.

(2) The lower court’s punishment is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

(1) The Court has decided to consolidate each appeal case against the judgment of the court below, and each of the offenses against the defendant in the judgment of the court below against the defendant is concurrent offenses under the former part of Article 37 of the Criminal Act, and one punishment shall be sentenced in accordance with Article 38(1) of the Criminal Act.

(2) Examining the records of the instant case involving concurrent crimes under the latter part of Article 37 of the Criminal Act, the Defendant was sentenced to one year of imprisonment for a violation of the Military Service Act, etc. by the Incheon District Court on November 26, 2014 (the Incheon District Court 2014No3551), and the Defendant’s final appeal against it was dismissed (Supreme Court 2014Do17316), and February 2, 2015, it can be recognized that the said judgment became final and conclusive. As such, each of the instant offenses against the violation of the Military Service Act, etc. for which the judgment became final and conclusive and each of the instant offenses ought to be determined by taking into account the case of concurrent crimes under Article 39(1) of the Criminal Act and equity.

3. Accordingly, the judgment of the court below is no longer maintained in this respect, and the judgment below is reversed ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the following is again decided through oral proceedings.

Criminal facts

As stated in each corresponding column of the judgment of the court below, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act; Article 329 of the Criminal Act; Article 347 (1) of the Criminal Act; Article 70 (1) 3 of the Specialized Credit Financial Business Act; Articles 152 (1) and 43 of the Road Traffic Act; and choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes: