The second and third original judgments shall be reversed, respectively.

A defendant shall be punished by imprisonment for four months.

Defendant.

1. Summary of grounds for appeal;

A. The sentence sentenced by the court below to the defendant (the first judgment of the court below: the fine of one million won, the second judgment of the court of the court below: imprisonment with prison labor of four months and the third judgment of the court of the court below: imprisonment with prison labor of four months) is too unreasonable.

B. The prosecutor (with regard to the third judgment of the court below), the sentence imposed by the court below is too unfasible and unfair.

2. Determination

A. In full view of the contents of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc., including the planned and organized method of each of the instant crimes, the lower court’s sentence that sentenced the Defendant to a fine is too unreasonable.

B. B. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor, the defendant examined the second and third court judgment ex officio, and the defendant filed an appeal against the third court judgment, and all of them were tried at the court of the first instance. As a result, each crime of the court of the second and third court's judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and one punishment should be imposed within the scope of the term of punishment increased by concurrent crimes pursuant to Article 38 (1) of the Criminal Act. In this regard, the second and third court's judgment against the defendant cannot be exempt from all reversal.

3. As such, the appeal against the first instance judgment of the defendant is without merit, and it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. Since the second and third lower judgment has the above reasons for ex officio reversal, the second and third lower judgment is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and prosecutor, and it is again decided as follows.

Criminal facts

Criminal facts recognized by the court as well as the summary of the evidence.