All judgment of the court below shall be reversed.

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

, however, for two years from the date this judgment becomes final and conclusive.

1. The punishment sentenced by the court below (the first instance judgment: one year of suspended execution of imprisonment with prison labor for April and two years of suspended execution of imprisonment for October) is too unreasonable in light of the fact that the defendant's error is divided and reflected in the summary of the grounds for appeal (the second instance judgment: two years of suspended execution of imprisonment with prison labor for October).

2. We examine ex officio the following matters prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

A. The first and second court sentenced the defendant to a suspended sentence of imprisonment for four months for the former, and two years for the latter, for two years for a suspended sentence of imprisonment for ten years for the latter, after a separate hearing was completed by the Daegu District Court 2013 High and 5971 and the Daegu District Court 2013 High and 6860 respectively.

The Defendant filed an appeal against all the above decisions.

The court of the first instance decided to combine the above two appeals cases with one another.

However, as long as each crime of the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, it is necessary to simultaneously render a judgment and sentence.

In this respect, the judgment of the court below is no longer maintained.

B. In the trial of the court below, the prosecutor of the amendment of the indictment filed an application for the amendment of the indictment with the contents of the indictment as stated in the following facts constituting the crime, and since this court permitted the amendment, the judgment of the court of first instance cannot be maintained any more.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, and it is again decided following the oral argument as follows.

Punishment of the crime

The defendant of "2013No4099" is between the defendant and the victim B and the co-inspector C inspection and he/she becomes aware of the choir members.

1. The Defendant is located in Daegu-gu, Daegu-gu, April 18, 2013.