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

The defendant shall be punished by imprisonment for a maximum of two years and short of two years.

1. Summary of grounds for appeal;

A. The sentence of imprisonment with prison labor for a maximum of one year and six months, and that of a short of one year, which sentenced to the first instance judgment, is too unreasonable.

B. The punishment of imprisonment with prison labor for a maximum of 8 months and short of 6 months on the second instance judgment is too unreasonable.

2. Prior to the judgment on the grounds for appeal, the case of this court 2013No688, which is the appeal case against the defendant among the judgment of the court of first instance, and the case of this court 2013No1021, which is the appeal case against the second judgment, was consolidated in the oral proceedings of the oral proceedings. Among the judgment of the court of first instance, the part against the defendant and each of the crimes in the second judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes under Article 38(1) of the Criminal Act. Thus, the part against the defendant among the judgment of the court of first instance and the second judgment shall be reversed.

3. As such, the part of the first judgment and the second judgment are reversed by examining the grounds for ex officio reversal as seen earlier. Thus, under Article 364(2) of the Criminal Procedure Act, the part of the first judgment and the second judgment are reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the second judgment are reversed,

Criminal facts

The summary of the evidence and the criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the first judgment and the second judgment. Therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for a crime, Article 329 of the Criminal Act, Article 331(2) and (1) of the Criminal Act, Article 230 of the Criminal Act, Article 70(1)3 of the Specialized Credit Finance Business Act, and Article 70(1) of the Criminal Act.