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 sentence of the first original judgment (ten months of imprisonment) against the Defendant by the Prosecutor is too unhued and unreasonable.

B. The punishment of the court below (the first judgment: imprisonment with prison labor for 10 months and the second judgment: fine of 3 million won) is too unreasonable.

2. Before the judgment of the court below on the grounds of appeal by the defendant ex officio and the prosecutor, all of the crimes in the judgment of the court below of this case are concurrent crimes under the former part of Article 37 of the Criminal Act, and as long as this court concurrently examines them, one punishment shall be imposed on the defendant for each of the above crimes under Article 38 of the Criminal Act, so the judgment of the court below cannot be maintained any more.

3. If so, the court below's decision is reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act without examining each of the grounds for reversal of unfair sentencing by the defendant and the prosecutor, as seen above. The court below's decision is reversed, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act, Article 3(1) and 283(1)1 of the Criminal Act, Article 3(1) and 266 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 260(1) of the Criminal Act, Articles 352 and 350(1) of the Criminal Act, Articles 352 and 350(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, Article 350(1)1 of the Criminal Act, each of the following subparagraphs

1. The former part of Article 37 of the Criminal Act among concurrent crimes;