All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of grounds for appeal;

A. The sentence imposed by the first instance court (one year of imprisonment, two years of suspended execution) is too unfluent and unfair.

B. The punishment sentenced by the second instance court (ten months of imprisonment) is too unreasonable.

2. Before making ex officio judgments on the grounds for appeal by the prosecutor and the defendant, the first and second court rendered a separate examination and rendered a judgment of conviction against the defendant, and the prosecutor decided to jointly examine the appeal against the judgment of the first instance and the appeal against the defendant against the judgment of the second instance.

However, each crime of the judgment below 1 and 2 is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and one of the concurrent crimes should be sentenced within the scope of the term of punishment imposed pursuant to Article 38(1) of the Criminal Act.

Therefore, the judgment of the court of first instance and the judgment of the court of second instance are no longer maintained in this respect.

3. As such, the judgment of the court of first instance and the judgment of the court of second instance are reversed under Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the judgment of the court of first instance and the judgment of the court of second instance are reversed under Article 364(2).

Criminal facts

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

Application of Statutes

1. Relevant legal provisions concerning the facts of crime and the point of cruel treatment after the choice and confinement of punishment: The point of intimidation to carry a deadly weapon under Article 277(1) of the Criminal Act: Articles 284 and 283(1) of the Criminal Act: The point of intrusion upon residence under Article 366 of the Criminal Act: Article 319(1) of the Criminal Act: The point of special confinement under Articles 278 and 276(1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.