All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

The seized knife No. 1(No. 1) shall be knife.

1. The sentence of the lower court (the first instance judgment: the imprisonment with prison labor for 6 months, the second instance judgment: the imprisonment for 8 months and the confiscation) is too unreasonable in light of all the sentencing conditions in the grounds for appeal.

2. Ex officio determination of ex officio, the original court sentenced each of the above original judgments after completion of a separate hearing against the defendant, and all of the defendants filed an appeal against this decision, and the original court decided to hold concurrent hearings of the above two appeals cases. Each of the first and second original judgments against the defendant is related to concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent offenses under Article 38(1) of the Criminal Act. In this regard, the original judgment cannot be reversed in its entirety.

3. Accordingly, 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 grounds of the above reversal, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

및 증거의 요지 이 법원이 인정하는 범죄사실 및 증거의 요지는 제1 원심판결 범죄사실 중 제1면 15행의 ‘4. 28. 대전지방법원 천안지원’을 ‘7. 1. 대전지방법원’으로, 제2면 5행의 ‘주식회사 코레일네트워크’를 ‘코레일네트웍스 주식회사’로, 제2 원심판결 범죄사실 중 제1면 17행의 ‘공무집행방해죄’를 ‘’야간건조물침입절도죄'로 각 변경하는 외에는 각 원심판결들의 해당란 기재와 같으므로, 형사소송법 제369조에 의하여 이를 모두 그대로 인용한다.

Application of Statutes

1. Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act concerning criminal facts, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and Article 3 of the Punishment of Violences, etc. Act.