The judgment of the court below is reversed.

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

1. Scope of trial after remand;

A. The first instance court found the Defendant guilty of violating the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) and sentenced the Defendant to one year and six months of imprisonment. As to this, the Defendant appealed against the lower judgment on the ground that the sentencing was unfair.

2) The second instance court convicted the Defendant of the facts charged as to the fraud, and sentenced the Defendant to a fine of KRW 3 million, and accordingly, appealed on the ground of mistake of facts in the lower judgment.

B. B. Before remanding the judgment of the court of first instance prior to remand, the judgment of the court below was consolidated and examined. However, the crime of the second instance judgment requesting a formal trial against the summary order cannot be punished as a single sentence because the defendant cannot choose imprisonment in accordance with the principle of prohibition of disadvantageous alteration. Thus, the court below did not reverse the judgment of the court below on the ground of consolidation and dismissed all the defendant's appeal on the ground that each of the defendant's appeal grounds are groundless.

On the other hand, the defendant filed an appeal on the ground of misunderstanding of legal principles, mental disorder and sentencing.

(c)

The judgment of remand is not subject to aggravated punishment by applying Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter “former Punishment of Violences”) and Article 257(1) of the Criminal Act in relation to the crime of violation of the above Punishment of Violences, etc. Act (a collective deadly weapon, etc.). In accordance with Article 1(2) of the Criminal Act, the Supreme Court can only be punished by Article 258-2(1) of the Criminal Act as a new corporation pursuant to Article 1(2) of the Criminal Act. Thus, the first instance court’s application of Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act violates Article 1(2) of the former Punishment of Violences, etc. Act, and thus, is reversed ex officio and remanded.