All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. The sentencing of Defendant 2’s original judgment is too unreasonable.

B. The sentencing of the first original decision of the Prosecutor’s 1 is too uncomfortable.

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

The first and second court sentenced the defendant to each punishment after completing separate hearings against the defendant by the Gwangju District Court 2017 High Court 5628, 5685, 2018 High Court 727, 939 (merger), and sentenced the defendant to each punishment. The prosecutor of the first court's appeal against the defendant, and the second court's appeal against the defendant, and the second court decided to hold concurrent hearings against the above appeal. Since the mutual crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, the single sentence shall be imposed within the scope of punishment subject to aggravated concurrent crimes under Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all reversal.

3. If so, the judgment of the court below is reversed ex officio as seen above, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the unfair argument of sentencing by the defendant and the prosecutor.

Criminal facts

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

Application of Statutes

1. Article 319(1) of the Criminal Act in relation to the facts constituting an offense and Article 319(1) of the same Act in relation to the selection of punishment (a point of intrusion on a structure, choice of imprisonment), Article 329 of the Criminal Act (a) of the Criminal Act, Article 330 of the Criminal Act (a matter of larceny of intrusion on a night structure), Article 347(1) of the Criminal Act (a) of each Criminal Act, Article 70(1)3 (a) of the Act on Special Cases concerning Credit Financial Business (along with the use of an adequate credit card), and Article 70(1)3 (b) of the Act on Special Cases concerning Credit Financial Business).