All judgment of the court below shall be reversed.

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

1. The main point of the grounds for appeal is that the punishment (the imprisonment with prison labor for 8 months and the imprisonment with prison labor for 8 months and the imprisonment with prison labor for 8 months) of the court below against the defendant is too unreasonable.

2. Prior to the judgment on the grounds of appeal, the first and second court rendered ex officio a separate examination with respect to the defendant by the Incheon District Court 2012Da10873 and the Incheon District Court 2013 Go-Ma241, which decided not to apply the case of concurrent crimes under Article 38 of the Criminal Act. The court of the first and second court decided not to apply the case of concurrent crimes under Article 38 of the Criminal Act by filing an appeal against each of the above judgments. The court of the first and second court decided not to concurrently deliberate on the above two cases. Since the crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, the sentence of concurrent crimes under Article 38 of the Criminal Act shall be determined within the scope of punishment determined by applying the same case of concurrent crimes under Article 38 of the Criminal Act.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is identical to each corresponding part of the judgment of the court of first and second instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act (integrated to the facts constituting the crime as indicated in the judgment below No. 2) and the choice of imprisonment with prison labor

1. From among concurrent offenders, the crime of this case is committed even though the reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, such as the confession and reflection of the criminal defendant, the good condition of health, and the fact that the defendant agreed with the victim D, and the amount of damage is small.