All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

Seized evidence 1, 5, 5.

1. Summary of grounds for appeal;

(a) The punishment (the first instance court: two years, and the second instance court: imprisonment with prison labor for two years and six years) imposed on the defendant by the first and second instance court (the second instance court) is too unreasonable;

(On the other hand, the defendant and the defense counsel asserted a mistake of facts against the first judgment, and withdrawn it on the third trial date).

The sentence imposed on the defendant by the first instance court of the prosecutor(unfair assertion) is too unfeasible.

2. Judgment on the grounds for appeal by the defendant and prosecutor ex officio shall be examined ex officio.

Each court below sentenced the defendant to imprisonment with prison labor as above after completing a separate hearing on the defendant.

The defendant filed an appeal against the above two judgment of the court below, and this court decided to hold a joint hearing of the two cases appealed.

However, each crime of the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single punishment should be sentenced at the same time pursuant to Article 38 (1) of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, on the grounds of the above reasons for reversal of authority, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of each judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, Articles 225 and 30 of the Criminal Act, Articles 229, 225 and 30 of the Criminal Act, Articles 229, 225 and 30 of the Criminal Act, Article 37 subparag. 10 of the Resident Registration Act, each of the following subparagraphs.