All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that from the date of this judgment.

1. Summary of grounds for appeal;

A. Each sentence of the lower court against the Defendant (unfair punishment): The sentence of the lower court (the first judgment: imprisonment with prison labor for two years and six months, and the second judgment: imprisonment with prison labor for four months) is too unreasonable.

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

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, the prosecutor filed an appeal against the first and second original judgment, and this court decided to concurrently examine the above two appeals. Each of the crimes in the first and second original judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

3. If so, the judgment of the court of first and second trials on the grounds of ex officio reversal as seen earlier, the defendant and the prosecutor’s respective arguments on unfair sentencing are reversed pursuant to Article 364(2) of the Criminal Procedure Act and they are again decided following the oral argument.

Criminal facts

The summary of the evidence is identical to each corresponding column of the first and second original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment or Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Article 32(1) and (2), and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Order, submitted a written agreement to the effect that the Defendant repaid the amount of damages to the victim E when the Defendant was faced with, and the above victim also submitted a written application to the effect that the payment was made.