The guilty part of the first judgment and the second judgment shall be reversed respectively.

A defendant shall be punished by imprisonment for not less than eight months.

1. The summary of the grounds for appeal (1) 1 and 2 original judgments (the first and second original judgments: imprisonment with prison labor for 3 months and the second original judgments: imprisonment with prison labor for 8 months) that the lower court sentenced the Defendant is too heavy or too unfied and unreasonable.

(2) The punishment (1.5 million won of a fine) sentenced by the court below against the defendant shall be too unhued and unreasonable.

2. Regarding the judgment of ex officio (the first and second judgment) No. 1 and second judgment, prior to the judgment on the grounds of appeal by the defendant and the prosecutor, the defendant and the prosecutor filed an appeal against the judgment of the court below and conducted a joint examination at the court of first instance. As a result, each of the crimes in the judgment of the court of first instance against the defendant and the second judgment are concurrent crimes under the former part of Article 37 of the Criminal Act and should be punished within the scope of the term of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the first and second judgment of the court of first conviction against the defendant and the second judgment of the court of second judgment cannot be exempted from reversal.

3. Although the judgment on the assertion of unfair sentencing (the third judgment) has a history of being punished by a majority of the defendants for the same kind of crime, in light of the fact that the defendant misleads the defendant and reflects the defendant, the amount of damage caused by the crime of this case is relatively small, and the amount of damage caused by the crime of this case is relatively small, in full view of all the sentencing conditions indicated in the records and arguments of this case, it is deemed unfair that the third instance judgment's punishment imposed by the defendant is too small and unreasonable

4. According to the conclusion, the prosecutor’s appeal against the third judgment is dismissed under Article 364(4) of the Criminal Procedure Act, and the guilty part of the first judgment and the second judgment are the grounds for ex officio reversal. Thus, the judgment on the grounds for appeal of unfair sentencing by the defendant and the prosecutor is omitted and it is in accordance with Article 364(2) of the Criminal Procedure Act.