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.

The defendant shall pay compensation to the applicant.

1. Summary of grounds for appeal;

A. The punishment of the lower court (the first instance court: the imprisonment of August and the second instance court; the imprisonment of February and the second instance: the imprisonment of KRW 2: the imprisonment of KRW 3: 4 months) is too unreasonable.

B. The above sentence against the Defendant by the lower court No. 2 of the Prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, each court of original judgment rendered a judgment imposing imprisonment with prison labor as above after having examined the defendant separately, and the defendant filed an appeal against each of the above judgments and the prosecutor decided to hold a concurrent hearing by filing an appeal against the judgment of the court below as to each of the above judgments. Each of the offenses in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be sentenced simultaneously in accordance with Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the judgment of the court below as to the unjust assertion of sentencing by the defendant and the prosecutor, on the grounds that the judgment below was reversed ex officio as seen earlier.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. The reason for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Sentence of Provisional Execution, is that the defendant confessions the crime of this case and acknowledges his mistake, is favorable.

However, there are four victims, and the amount of damage.