All judgment of the court below shall be reversed.

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

1. The prosecutor of the gist of the grounds for appeal asserts that the punishment sentenced by the court of first instance (five million won of fine) is too unhued and unreasonable, and the defendant asserts that the punishment sentenced by the court of second instance (ten months of imprisonment) is too unreasonable.

2. Upon ex officio determination, the court of original judgment Nos. 1 and 2 sentenced the defendant to a fine of KRW 500,000 for the former, and the latter to a fine of KRW 100,000 for the latter, after completing separate deliberation by the court of Changwon District Court (No. 2012 High Court Decision No. 522 and 2013 High Court Decision No. 478). The prosecutor filed an appeal against the judgment of the court of first instance, and the defendant filed an appeal against the judgment of the court of second, and the court decided to jointly deliberate on the above two appeals. Each of the judgment of the court of first instance against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and must be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. In this regard, each of the above judgment of the court below against the defendant was no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's and the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by this court in the summary of the first instance judgment is as stated in the corresponding column of each of the judgment below, except for adding "the defendant was sentenced to two months of imprisonment with prison labor for larceny from the vice branch of the Daegu District Court on June 15, 2010, and completed the execution of the said sentence on December 30, 2010" to the first head of the criminal facts column of the first instance judgment, and "the criminal records: criminal records, written judgments, copies of written judgments, and current status of personal identification and confinement" to the last part of the column of the evidence column of each of the judgment below. Thus, it is in accordance with Article 369 of