All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. The punishment sentenced by each court below in light of the various sentencing conditions of the defendant in this case (No. 1 year and June, and No. 2 of the court below: imprisonment of 1 year and 10 months) is too unreasonable.

B. In light of the various sentencing conditions in the instant case by the prosecutor, the above sentence imposed by each court below is deemed too unaffortable and unfair.

2. The court held that each appeal case of the first and second judgment against the defendant was consolidated and tried by this court. Each of the offenses in the decision of the court below is concurrent offenses under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all reversal.

3. Accordingly, the lower court’s judgment reversed all of the lower judgment pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s assertion of unfair sentencing on the grounds of ex officio reversal as above, and rendered a new judgment following the pleadings.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. The summary of the first instance court’s judgment, except where “the Defendant’s partial statement in the first instance trial record” is deemed as “the Defendant’s legal statement in the trial record” as “the Defendant’s legal statement in the trial record,” refers to each corresponding column of the court below’s judgment, thereby citing it as it is in accordance with Article 369

Application of Statutes

1. Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1) of the Criminal Act (the fraud in the judgment of the court of first instance), Article 347(1) of the Criminal Act (the fraud in the judgment of the court of

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) for which the judgment stated in the latter part of Article 37, Articles 39 (1) and 55 (1) 3 of the Criminal Act concerning concurrent crimes and mitigation of punishment has become final and conclusive;