The remainder of the judgment of the court of first instance and the judgment of the court of second instance, excluding the dismissed part of the application for compensation, shall be reversed.

Summary of Reasons for appeal

A. The punishment of the lower court (the first instance court: imprisonment with prison labor for 2 years and 6 months, and the second instance: imprisonment with prison labor for 10 months) is too unreasonable.

B. The first instance court’s sentence (two years and six months of imprisonment) of the Prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's authority, the first and second court's judgment against the defendant was pronounced, and the first and second court's judgment against the defendant were pronounced, and the defendant filed an appeal against the second court's judgment against the defendant, and the second court decided to jointly examine each appeal against the judgment of the court below.

Each crime of the judgment of the court below shall be sentenced to a single sentence within the scope of the term of punishment aggravated pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the unfair argument of sentencing by the defendant and the prosecutor.

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to each corresponding part of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The crime of this case on the grounds of sentencing under Article 362(1) of the pertinent Act and Article 362(1) of the Criminal Act as to the crime of crime, the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, and Article 48(1)1, and Article 48(1)2 of the Criminal Act, on the grounds of the punishment of aggravated punishment for concurrent crimes of imprisonment, are committed by the Defendant under the direction of an employee of the organization of the crime of Bosing, who takes charge of collecting the amount of damage of the above organization, and then delivered the amount of damage from the employee of other assistance officers in charge of collecting the amount of damage from the said organization.