The part of the judgment of the court below except for compensation order and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment for four years.

1. Summary of grounds for appeal;

A. The punishment (the first instance judgment: imprisonment with prison labor for 2 years and 6 months and confiscation, and imprisonment with prison labor for 2 years and 2 years) that the lower court sentenced by each Defendant is too unreasonable.

B. The above sentence of the judgment of the court below of the second instance by the prosecutor is too uneasible.

2. We examine ex officio prior to the judgment on the grounds for appeal by the Defendant and the prosecutor.

After the judgment of the court of first instance is sentenced to the judgment of the court of first instance, the defendant and the prosecutor appealed against the judgment of the court of second instance, and the court of second instance decided to concurrently examine the above two appeals cases.

However, since each crime recognized by the court of original judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act, the part of the judgment of the court of first instance except compensation order and the judgment of the court of second instance cannot be maintained as it is.

3. As such, the part of the judgment of the court of first instance excluding the compensation order, and the part of the judgment of the court of second instance excluding the compensation order, are reversed under Article 364(2) of the Criminal Procedure Act without examining the both parties’ assertion of unfair sentencing, and the relevant part is reversed, and it

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are as stated in each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act, Articles 225 and 30 of the Criminal Act, Articles 229, 225 and 30 of the Criminal Act, Articles 225, and 30 of the Criminal Act, the choice of imprisonment for a crime;

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

1. The defendant's age and grounds for sentencing under Article 48 (1) 1 and 2 of the Criminal Code are added to the circumstances clearly expressed by the court below in the reasons for sentencing.