The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

D. D.C., seized by the Defendant.

1. The summary of the reasons for appeal is that the punishment of the original judgment (one year, six months of imprisonment, and confiscation) is too unreasonable.

2. In light of the reasoning of the judgment below, prior to the judgment on the grounds of appeal by the defendant, the court below, after applying the former part of Article 37 and the proviso of Articles 38(1)2 and 50 and 42 of the Criminal Act, aggravated punishment for concurrent crimes by applying the former part of Article 37 and the former part of Article 38(1)2 and the proviso of Article 42 of the Act on the Aggravated Punishment, etc. of Specific Crimes, since each of the above crimes constitutes not concurrent crimes but a single comprehensive crime. In this regard, the judgment of the court below cannot avoid reversal.

I would like to say.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act concerning the crime;

1. Selection of punishment and limited imprisonment;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;