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;

A. The first instance court’s sentence (two months of imprisonment, two years of suspended execution, two years of probation, and one hundred and twenty hours of community service) of the prosecutor’s first instance court is too unhued and unreasonable.

B. Defendant 2’s imprisonment (eight months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal, the first and second court rendered ex officio a separate examination as follows: (a) the first and second court rendered a judgment on the grounds for appeal as follows: (b) the former shall be subject to a suspended sentence of two years in August; (c) the probation and community service shall be sentenced to 120 hours in imprisonment; and (d) the prosecutor filed each appeal against the second and the second court decided to jointly deliberate on the above two appeals cases. (d) the court below decided to jointly deliberate on the two appeals cases.

However, since the first and second crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, they should be sentenced to a single sentence within the scope of punishment aggravated by concurrent crimes pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained any more in this respect.

3. According to the conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's and the defendant's assertion, and the following is again decided after pleading.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that aggravated concurrent crimes are recognized by the defendant.