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 by the defendant;

A. Considering the following circumstances: (a) the summary of the grounds for appeal against the first instance judgment is against the Defendant; (b) the fact that the Defendant committed the instant crime by contingency while under the influence of alcohol; (c) suffering from disease such as liveration; and (d) the fact that the instant crime is concurrent crimes under the latter part of Article 37 of the Criminal Act, the imprisonment with labor for two months sentenced by the first instance judgment is too unreasonable.

B. In light of the following circumstances: (a) the Defendant reflects the gist of the grounds for appeal against the second instance judgment; (b) the amount of profit acquired by the Defendant by the instant crime is merely KRW 2,00,000; (c) suffering from disease such as liveration; (d) the Defendant must support her mother; and (e) the instant crime is concurrent crimes under the latter part of Article 37 of the Criminal Act, the imprisonment with prison labor for 8 months sentenced by the second instance judgment is too unreasonable.

2. Prior to the judgment on the Defendant’s assertion of unfair sentencing by authority, the Defendant’s judgment was rendered by examining ex officio prior to the judgment on the Defendant’s assertion of unfair sentencing; the Defendant’s separate deliberation by the Seoul Southern Southern District Court No. 2014Da5193 and the Seoul Southern District Court No. 2015Da731, which was the first instance trial; and the Defendant’s imprisonment with prison labor for the former, two months; and the latter, eight months, which was the Seoul Southern District Court. However, as a result of each appeal by the Defendant, this court decided to conduct a consolidated trial. The Defendant’s each offense in the judgment of the lower court against the Defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of a prison term under Article 38(1) of the Criminal Act. In this regard

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act, since there are reasons for ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the crime and the evidence is the accused.