We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for a term of one year and nine months.

1. Summary of grounds for appeal;

A. The punishment sentenced by the second instance court (with respect to the judgment of the court below of the second instance) to the defendant is too unreasonable.

B. The sentence (one year of imprisonment) imposed on the Defendant by the first instance court of the Prosecutor (as to the judgment of the first instance court) is too unhutiled and unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the Defendant and the prosecutor.

The Court held that each appeal case against the judgment of the court below was consolidated and tried, and each offense against the defendant at the time of the judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act, and thus, should be punished as a single sentence within the scope of aggravated punishment in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the aforementioned grounds for reversal ex officio. It is so decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act and subparagraph 1 of Article 89-2 of the Military Service Act (a point of leaving office) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the punishment for the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against C with a heavier criminal situation);

1. Selection of each sentence of imprisonment;

1. The Criminal Act for aggravated repeated crimes.