We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than eight months.

1. The summary of the grounds for appeal appealed from the lower court’s punishment (one year of imprisonment with prison labor for the lower court, two months of imprisonment with prison labor for the lower court) so as to be too unreasonable, and the prosecutor appealed from the lower court’s punishment to the extent that the second instance court’s punishment is too unfasible and unfair.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.

The defendant filed an appeal against the judgment of the court below (the prosecutor also filed an appeal against the judgment of the court of appeal No. 2) and the court of appeal reviewed the appeal jointly. Since each crime of the judgment of the court below is a concurrent crime relationship under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38 (1) 2 of the Criminal Act, the judgment of the court below cannot be maintained as it is

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal of the judgment below. The judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns of the judgment below, and thus, they are cited 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. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of punishment by law: Not more than 15 years of imprisonment;

2. Scope of recommended punishment on the sentencing guidelines: Where a person commits a crime against multiple victims in the basic area (from June to one year and six months) (where considerable damage has been restored to the basic area (from June to one year and six months) / Where he/she commits a crime against multiple victims, falling within six months to one year and six months (the scope of recommended punishment).

3. The Defendant did not have any record of punishment prior to each of the crimes in this case, and the Defendant agreed with K of the victim and the victim corporation.