All judgment of the court below shall be reversed.

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

Nos. 2 through 4 of seized evidence.

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for a year and two months, confiscation, and confiscation for the second instance judgment: imprisonment with prison labor for a period of three months) of the lower judgment is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the appeal case against the judgment below was consolidated by examining ex officio prior to the judgment on the grounds for appeal for ex officio judgment. Each of the offenses in the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is so decided as follows.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column 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

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act selection of punishment, Article 319 (1) of the Criminal Act, Article 330 of the Criminal Act, Articles 342 and 330 of the Criminal Act, Articles 342 and 330 of the Criminal Act, and choice of imprisonment for each sentence;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Of the judgment of the court below, the crime of this case among the crime of this case and the crime of the judgment of the court of first instance, among the crime of this case, seems to have been committed against the defendant's mistake according to the reason of sentencing under Article 47 (1) of the Criminal Act of forfeiture, and part of the damaged goods are temporarily returned, without being aware of the circumstances favorable to the defendant, during the period of suspended execution or repeated crime due to the same crime, and the crime of the court of second instance among the judgment of the court of first instance, is committed during the period of suspended execution.