Of the judgment of the first instance, the part of the judgment below and the second judgment are reversed.

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

1. Summary of the grounds for appeal - Unreasonable sentencing - The sentence of the lower court (the first instance judgment: imprisonment with prison labor for April and the second instance judgment: imprisonment with prison labor for a year and six months) is too heavy.

2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were pronounced, and the defendant filed each appeal.

This Court decided to consolidate the above two appeals cases, and the first and second judgments of the court below are concurrent offenses under the former part of Article 37 of the Criminal Act in relation to each of the offenses against the defendant under Article 38(1) of the Criminal Act, and thus, one of the judgment of the court of first instance cannot be maintained.

3. Accordingly, the judgment of the court below is reversed the part of the judgment of the court of first instance and the judgment of the court of second instance pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

【Grounds for the Judgment of the court below which has been written] Criminal facts and summary of evidence are identical to the corresponding column of each judgment of the court below (in the case of the judgment of the court of first instance, only the part of the defendant is limited to the case of the judgment of the court of first instance). Thus, they are cited as it is in accordance with Article 3

The judgment of the court below of first instance is divided into 2 pages 15 " November 27, 018" and " November 27, 2018."

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts of crime, Articles 152(1) and 31(1) of the Criminal Act concerning the selection of punishment (the occupation of perjury), Article 141(1) of the Criminal Act, Article 324 of the Criminal Act, Article 324 of the Criminal Act, Articles 324-5 and 324 of the Criminal Act, Article 350(1) of the Criminal Act, Articles 352 and 350(1) of the Criminal Act concerning the selection of punishment, Articles 352 and 350(1) of the Criminal Act, each selection of imprisonment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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