Of the judgment of the court of first instance, the guilty part and the judgment of the court of second instance shall be reversed in entirety.

A defendant shall be punished by imprisonment with prison labor for not less than one year and five months.

1. The summary of the grounds for appeal is that the punishment of the guilty portion (one year of imprisonment) and the punishment of the second judgment (eight months of imprisonment) in the judgment of the court of first instance is too unreasonable.

2. Ex officio determination, the defendant filed an appeal against the guilty part of the judgment of first instance and the judgment of second instance against the judgment of second instance, and this court decided to hold a joint trial against the above two cases in the first instance court. Since each of the offenses in the judgment of first instance and the offense in the judgment of second instance against the defendant in the judgment of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act and should be punished as a single sentence in accordance with Article 38(1) of the Criminal Act, the guilty part of the judgment of first instance and the judgment of second instance cannot be maintained as they are, since they are concurrent crimes under Article 38(1) of the Criminal Act.

3. If so, the judgment of the court below in the first instance judgment (excluding exemption from punishment, compensation order and its provisional execution, rejection of the application for compensation order) and the second judgment of the court below in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, as seen above, are reversed and the judgment of the court below is reversed, and it is again decided after pleading as follows.

【Grounds for another judgment] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are as follows. Of the facts constituting the crime of the first instance judgment and summary of evidence, the part of the Criminal Records Act and the second instance judgment are deleted, and the part of the criminal records of the second instance judgment are as stated in each corresponding column of the first and second instance judgment, except for deletion of the part of the criminal records of the crime of the second instance judgment, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

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

1. Article 32(1)1, 3, and 4, and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (hereinafter “Special Cases”)