The conviction part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

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

1. Of the facts charged in this case, the first instance court dismissed the prosecution and convicted the remainder of the facts charged.

Since the prosecutor and the defendant appealed on the remaining convictions except the aforementioned dismissed part among the judgment of the court of first instance, the dismissal of prosecution among the judgment of the court of first instance became final and conclusive separately.

Therefore, the scope of this court's adjudication is limited to the conviction of the first instance judgment and the second instance judgment.

2. Summary of grounds for appeal;

A. The punishment sentenced by the court below 1 and 2 (the first instance court's judgment: imprisonment with prison labor for 8 months and 2 months: imprisonment with prison labor for 4 months) is too unhued and unfair.

B. The punishment sentenced by the court below by Defendant 1 is too unreasonable.

(2) The court below's decision on February 2, 200 and the defendant's grounds for appeal against the judgment of the court below of the second instance were examined by combining two cases of appeal against the defendant and the two cases of appeal against the defendant. Each of the two cases of concurrent trial in the court of the second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed within the scope of the term of punishment imposed on the defendant under Article 38 (1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal and without examining the grounds for unfair sentencing of the prosecutor and the defendant, and it is again decided as follows.

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as that of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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