The judgment below

Of the judgment of the court below, the part concerning the second crime is reversed.

As to the crime No. 2 of the judgment of the court below.

1. Summary of grounds for appeal;

A. The respective sentence of the lower court (six months of imprisonment, three months of imprisonment) is too unreasonable.

B. Each sentence of the lower court (six months of imprisonment, three months of imprisonment) by the Prosecutor is too unhued and unreasonable.

2. The defendant's appeal of both parties escaped while being investigated as a crime under Paragraph 1 of the judgment of the court below, and committed the crime under Paragraph 2 of the judgment of the court below, which was held in the judgment of the court below, and did not recover damage to the crime under Paragraph 1 of the judgment of the court below, and the defendant has a record of punishment for the same kind of crime.

However, in the appellate trial, the Defendant’s damage to K of the victim of the crime No. 2 as indicated in the judgment of the court below is restored to the victim K, agreed with the above victim, the Defendant recognized the entire crime and reflects its depth, and the crime under Article 37 of the Criminal Act is to be considered as a concurrent crime as defined in the latter part of Article 37 of the Criminal Act, and should be considered in relation to the case where the judgment

In addition, comprehensively taking account of the Defendant’s age, sex, environment, details and method of the crime, and circumstances after the crime, etc., all of the sentencing circumstances indicated in the records and arguments of this case, the punishment for the crime No. 1 in the judgment of the court below does not seem to be too heavy or unfair, but the part concerning the crime No. 2 in the judgment of the court below as stated in the judgment of the court below is deemed to be unfair because the sentence of the court below is too excessive, and rather, it is recognized to be unfair

Therefore, the prosecutor's argument in this part is without merit, and the defendant's argument is partially justified.

3. In conclusion, since the defendant and the prosecutor's appeal against the crime No. 1 of the judgment of the court below are without merit, all of them are dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. Since the defendant's appeal against the crime No. 2 of the judgment of the court below is with merit, this part of the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after the pleading (