All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of grounds for appeal;

A. In light of the legal principle, Defendant 1 is in violation of Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act, which affected the conclusion of the judgment by applying Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act.

B. 1) The sentence imposed by the lower court on each of the Defendant (the first instance court’s imprisonment: the second instance court’s imprisonment of 2 years; the second instance court’s imprisonment of 1 year and 6 months; and the third instance court’s imprisonment of 2 months) is too unreasonable. (2) The third instance court’s sentence imposed on the Defendant by the lower court is too unreasonable and unfair.

2. Ex officio determination of this court decided to jointly examine the appeal cases of the first and third court judgment against the defendant as well as the appeal cases of the second and third court judgment. On the other hand, each of the offenses committed in the judgment of the court below which found the defendant guilty is a concurrent offense relationship 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 offenses in accordance with Article 38(1) of the Criminal Act. Therefore, the first and third court judgment of the court below

However, the defendant's and prosecutor's assertion of the misapprehension of the legal principles is subject to the judgment of this court, despite the reason for such an ex officio reversal.

3. Judgment on misapprehension of legal principles

A. The first instance court stated “Article 5-4(4) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act” as applicable provisions to the defendant’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the defendant. However, according to the records and the first instance court’s decision, this is based on Article 5-4 of the Act on the Aggravated Punishment, etc. of Specific Crimes.