All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not less than five years and four months.

1. The summary of the grounds for appeal (the first instance judgment: 5 years of imprisonment, and the second instance judgment: imprisonment with prison labor for 6 months and fines for 10 million won) that the lower court pronounced is too unreasonable.

2. We examine ex officio the Defendant’s assertion of unreasonable sentencing prior to the Defendant’s ex officio determination.

A. The Defendant, upon the consolidation, filed an appeal against each of the judgment below, and this court decided to jointly examine the two appeals cases.

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 sentence should be sentenced simultaneously pursuant to Article 38 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

B. When the prosecutor changes the bill of amendment, the prosecutor applied for the amendment of the bill of amendment to the bill of amendment to the indictment of the second instance as stated below (the judgment which is written in multiple times). This court permitted the amendment, thereby changing the subject of the judgment.

Since each crime of the judgment of the court of Second Instance and each crime of the judgment of the court of first instance altered subject to adjudication are concurrent crimes under the former part of Article 37 of the Criminal Act, it is necessary to simultaneously adjudicate and sentence one punishment pursuant to Article 38 of the Criminal Act, so the judgment of the court of first instance cannot be maintained any more.

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’s assertion of unfair sentencing, and the judgment below is reversed in its entirety, and it is so decided as follows.

[Along with the judgment of the court below, the criminal facts against the defendant recognized by this court are added as follows at the end of the judgment of the court below of the second instance (as stated in the judgment of the court below No. 2, No. 2, No. 7). In addition to the revision to the list of crimes attached to this judgment of the court below (as stated in the judgment of the court below No. 2, No. 4), the crime of the defendant