The defendant case portion of the first judgment and the second judgment shall be reversed in entirety.

A defendant shall be punished by imprisonment for a term of two years and two months.

1. The summary of the grounds for appeal (in the first instance court: Imprisonment with prison labor for one year and ten months, and second instance court: imprisonment with prison labor for four months) of the lower court is too unreasonable;

2. The defendant filed an appeal against the judgment of the court below and decided to concurrently examine the above appeal cases.

Each crime of the judgment below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the part of the judgment of the first instance and the judgment of the second instance cannot be maintained.

3. The judgment of the court below on the above ground of ex officio reversal is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and all of the judgment of the court below on the defendant's case and the second judgment are reversed, and it is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, the choice of punishment for the crime

1. Article 35 of the Criminal Act among repeated crimes (Article 2-1 (A) of the Criminal Act as to each crime except for the crimes as provided in the judgment of the first instance court)

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the reasonable circumstance] Defendant shall be led to confession and reflect all of the crimes of this case.

The victim paid the amount of damage to two victims.

【Unjustifiable circumstances】 In light of the relationship with victims and the law of the acceptance of crimes, etc., the crime is committed.