All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of two years and three months.

Seized evidence 1 or 2 shall be confiscated.

1. The summary of the grounds for appeal is too unreasonable that each sentence (two years of imprisonment with prison labor for the first instance court, confiscation, and six months of imprisonment for the second instance court) declared by the lower court against the Defendant is too unreasonable.

2. The grounds for appeal by the defendant ex officio are examined ex officio prior to the judgment.

The defendant filed an appeal against the judgment of the court of first and second instance, and this court decided to jointly examine the above appeal cases.

However, since each of the offenses recognized by the lower judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed within the scope of punishment aggravated by concurrent crimes pursuant to Article 38(1) of the Criminal Act, the lower judgment cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court, 【AC’ of the facts constituting a crime and the summary of evidence admitted by this Court, shall be cited in accordance with Article 369 of the Criminal Procedure Act, inasmuch as the facts constituting a crime and the summary of evidence are identical to those stated in the respective corresponding columns of each judgment of the court below, with the exception of changing “AC” of the judgment of the court of second instance from “crimes” to “C.”

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

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

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, the case needs to be strictly punished for committing a crime in which social and personal harm was serious to the society.

The victims did not agree with the victims, which was not completely recovered from damage.

The fact that the defendant shows the wrong recognition of and reflects on the defendant's mistake, the primary fact is the defendant's age, character, character and behavior.