All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

(2) the date of this judgment.

1. The sentence imposed by the first instance court (for six months of imprisonment) and the sentence imposed by the second instance (for six months of suspended execution, two years of imprisonment, and one hundred and sixty hours of community service) on the summary of the grounds for appeal (for six months of imprisonment) are too unreasonable.

2. We examine ex officio the judgment of the court below on the grounds for appeal by the defendant.

The judgment of the court below against the defendant was rendered, and the defendant filed an appeal against all of the judgment below, and this court decided to consolidate the two appeals cases.

Since each of the judgment below's offenses is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment below cannot be maintained in its entirety.

3. As above, the judgment of the court below is reversed ex officio, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing against the judgment below, and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant is divided by recognizing all the facts of the crime, the equity with the case where the crime of this case and the judgment are judged at the same time, the victim of this case does not want the punishment of the defendant, and the case where the above victim does not want the punishment of the defendant under an agreement with the victim Telecommunication of the 2018 No. 1461 case.