The part of the judgment of the first instance and the judgment of the second instance against the defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. The decision of the court below on the gist of the grounds of appeal (the first instance judgment: 2 years of imprisonment, and the second instance judgment: 4 months of imprisonment) is too unreasonable.

2. The Seoul High Court 2014No1562 delivered on the judgment of the court of first instance and the second instance 2014No2436 delivered on the judgment of the court of second instance. Each of the crimes in the judgment of the court of first instance and the judgment of the court of second instance are concurrent crimes in the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act.

In this respect, among the judgment of the court of first instance and the judgment of the court of second instance, the part against the defendant cannot be reversed.

3. As such, the part of the judgment of the court of first instance and the judgment of the court of second instance concerning the defendant is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the argument in the grounds for appeal, and the following is again decided after the pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as shown in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 362 (2) and (1) of the Criminal Act, Article 362 (1) of the Act on the Punishment, etc. of Specific Crimes, Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 257 (1) and 30 of the Criminal Act, Article 88 (1) 2 of the Military Service Act, Articles 362 (1) and 30 of the Criminal Act, Articles 362 (1) and 36 of the Criminal Act, Article 366 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, the choice of punishment for the crime

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