All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

The summary of the grounds for appeal is that the sentencing of the lower court (the first instance court: the imprisonment of three years, and the second instance court: the imprisonment of four months) is too unreasonable.

The second sentence of the court below on the prosecutor (the second sentence against the judgment of the court below) is too unfluent and unfair.

Before the judgment on the grounds for appeal ex officio, the judgment of the court below Nos. 1 and 2 against the defendant was rendered, and both the defendant filed an appeal, and this court decided to hold concurrent hearings of the above two cases. Since each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act, and thus, the judgment of the court below cannot be maintained.

As seen earlier, the judgment of the court below Nos. 1 and 2 is reversed in entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining each of the unfair arguments of sentencing by the defendant and the prosecutor, and it is again decided as follows.

[Grounds] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence in the judgment of the court, and the summary of the evidence are identical to the facts stated in each corresponding column of the original judgment of the court of first instance, in addition to the fact that the “1. Defendant’s partial statement” in the summary of the evidence of the original judgment of the court of first instance is changed to “1. Defendant’s oral statement at the trial court of the court of first instance.” Thus, it is acceptable

Application of Statutes

1. Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 355 (2) and Article 355 (1) of the Criminal Act, Article 109 (1) and Article 36 of the Labor Standards Act, Article 347 (1) of the Criminal Act (the fact that wages are not paid, the choice of imprisonment), Article 63 (1) and Article 8 (1) of the Waste Management Act (the fact that each fraud, the choice of imprisonment, and the choice of punishment) for the crime;

1. The former part of Article 37 of the Criminal Code, and Article 38.