All of the judgment of the court of first instance except the compensation order portion and the second judgment shall be reversed.

Defendant shall be punished by imprisonment.

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (as to the first and second lower judgment), is too unreasonable.

B. The prosecutor (the first judgment of the court below)’s sentence against the defendant is too unfasible and unfair.

2. We examine ex officio the grounds of appeal for ex officio determination prior to determination.

On the first and second original judgments, the Defendant filed an appeal against each of the first and second original judgments, and this court rendered a ruling to jointly examine the above two cases of appeal.

Since each crime of the judgment below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act, the part excluding the compensation order portion among the first judgment and the second judgment cannot be maintained as they are.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and Article 364 (2) of the Criminal Procedure Act, with the exception of the remedy order part of the first judgment, and the second judgment, without examining each of the above grounds for reversal of authority and prosecutor, and it is again decided as follows

[Discied Judgment] The criminal facts and summary of evidence recognized by the court are identical to 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 and Articles 350 (1) and 30 of the Criminal Act concerning the selection of punishment;

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

1. Determination of the sentence as ordered by comprehensively taking account of all the factors such as character, behavior and attitude of the defendant for sentencing under Article 48(1)1 of the Criminal Act, the background leading to the crime of this case, the means and consequence of the crime, and the circumstances before and after the crime is committed.