All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

provided that this ruling has become final and conclusive.

1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment of the court below (the first judgment: imprisonment with prison labor for one year, two years of suspended execution, 80 hours of community service order, and 2 years of suspended execution: imprisonment with prison labor for 4 months and one year of suspended execution) is too unreasonable. The prosecutor asserts that the first instance court sentence is too uneasible and unfair.

2. Before deciding on the assertion of unfair sentencing by both parties of the judgment of this case ex officio, each of the crimes in the judgment of this case is concurrent crimes under the former part of Article 37 of the Criminal Act, and as long as this court conducts concurrent deliberation, the defendant should be sentenced to one punishment for each of the above crimes under Article 38 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. Probation and community service order under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, Etc. are likely to cause recidivism, not to be weak, and risk of recidivism. Therefore, the probation officer’s systematic management and supervision, etc. are deemed to be helpful to prevent recidivism, and probation and community service order are each rendered.