The judgment of conviction of the first instance judgment against the defendant and the second judgment shall be reversed in entirety.

The defendant shall be sentenced to one year of imprisonment.

1. The summary of the reasons for appeal (unfair sentencing) is too unreasonable that the sentence of the court below (the first instance court: imprisonment with prison labor for one year and the second instance court: imprisonment for six months) is too unreasonable.

2. The first and second judgment of the court below rendered each judgment on the defendant's ex officio judgment, and all the defendants appealed, and the court of the court of the first instance decided to hold all the above cases together for a trial.

Article 38(1) of the Criminal Act provides that a single sentence shall be imposed pursuant to Article 38(1) of the Criminal Act for each offense of conviction on the part of the original judgment and each offense of the second judgment shall be concurrent crimes under the former part of Article 37 of the Criminal Act. As such, the lower court’s judgment was unable to be maintained as it is.

3. As such, the part of the judgment of conviction of the first instance judgment and the second instance judgment are reversed ex officio as seen above, and the judgment of the court below is reversed in entirety pursuant to Article 364 (2) of the Criminal Procedure Act without further proceeding to decide on the grounds for appeal by the defendant, and it is so decided as follows.

Criminal facts

The summary of the facts constituting an offense recognized by this court and the summary of the evidence thereof are as shown in each corresponding column of the lower judgment, except for the case where the phrase “ November 10, 2016.” as “ September 10, 2016.” under Article 369 of the Criminal Procedure Act, the summary of the facts constituting an offense and the relevant evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1), Article 30 (Article 347(1), Article 347(7) of the Criminal Act (Article 347(1) of the Criminal Act for a crime committed in the first instance judgment), Article 231 of the Criminal Act (Article 347 of the Criminal Act for a crime committed in the second instance), Articles 234 and 231 of the Criminal Act for a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of gambling documents in the above investigation);

1. Selection of each sentence of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes appear to have led to the confession of the criminal defendant and the misunderstanding of facts, and the court agreed with some victims in the first instance trial (the victim of Article 7 of the first instance judgment), and Article 1.