All judgment of the court below shall be reversed.

The defendant 1 is the victim E in the judgment of the first instance court 2017 High Order 2625 case.

1. Each sentence (No. 1: Imprisonment with prison labor for a year and a fine of two million won, and imprisonment with prison labor for a period of six months) that pronounced by the lower court on the gist of the grounds of appeal is too unreasonable.

2. Determination:

A. Examining the reasoning of the Defendant’s appeal ex officio prior to the judgment on the grounds of ex officio determination, the Defendant filed an appeal against the lower judgment, and this Court tried to hold the two appeals jointly. Of the lower judgment, the remainder of the first instance judgment except for the crime of Article 2017 High Order 2625 (1) of the judgment and the crime of Article 2 of the judgment on the second instance judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Therefore, the above part of the lower judgment cannot be maintained.

B. In addition to the judgment of the first instance court on the unfair argument of sentencing as to the crime No. 1 in the judgment of the court below, in light of the following: (a) the amount of damage is KRW 2,730,00; (b) the equity in the case of being tried together with the crime of violating the Road Traffic Act (driving) which became final and conclusive in October; and (c) other various circumstances, including the defendant’s age, environment, sex behavior, circumstances before and after the crime, and circumstances before and after the crime, which are the conditions of sentencing as shown in the records and arguments of this case, it is deemed that the first instance court’s punishment for the above crime is unreasonable.

3. If so, the judgment of the court below is reversed in accordance with Articles 364(2) and 364(6) of the Criminal Procedure Act, since there is a ground for reversal ex officio or there is a ground for appeal by the defendant, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2. of the Road Traffic Act concerning facts constituting an offense;