The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.

Defendant shall be punished by imprisonment for a year.

1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 10 months, and imprisonment with prison labor for 6 months) declared by the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the first and the judgment of the second court against the defendant was rendered, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. The crimes of the first and second judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment within the scope of a sentence imposed on the defendant under Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

3. As such, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the ground of the above ex officio reversal, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 2(2) and 2(1)2 of the Punishment of Violences, etc. Act, Article 276(1) of the Criminal Act, Article 2(2), Article 2(1)3, and Article 6 of the Punishment of Violences, etc. Act, Article 350 of the Criminal Act, Articles 2(2) and 2(1)3 of the Punishment of Violences, etc. Act, Article 350 of the Criminal Act, Article 350 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 15(9)1, and Article 6(1) of the former Establishment of Social Reserve Forces Act (wholly amended by Act No. 12791, Oct. 15, 2014; hereinafter the same shall apply), Article 347(1) of the former Criminal Act, and Article 347(1)3 of the former Punishment of Violences, etc. Act.