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All the judgment of the court below except for a compensation order shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
1. Summary of grounds for appeal;
A. The sentencing of the lower court by each of the Defendants (the first instance judgment: two years of imprisonment, and the second instance judgment: 10 months of imprisonment) is too unreasonable.
B. The above sentencing of the court below by the prosecutor 1 is too uncomfortable and unfair.
2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, the court below sentenced each of the above judgments after completing separate hearings against the defendant, and the defendant filed each appeal against the judgment of the court of first instance against each of the above judgment below, and this court decided to hold concurrent hearings of the case No. 2015No516 of this court, which is the appeal case against the judgment of the court of first instance, and the case No. 2015No1933 of this court which is the appeal case against the judgment of the court of second instance. Each of the offenses against the defendant in the judgment of the court of second and the judgment of the court of second and the judgment of the court below shall be sentenced to a single sentence within the scope of punishment subject to aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court of first and second and second are not exempt from all reversal.
3. The judgment of the court below is reversed ex officio without examining the defendant and the prosecutor's allegation of unfair sentencing, and all the judgment of the court below except the compensation order pursuant to Article 364 (2) of the Criminal Procedure Act are reversed, and the application for compensation by AM, an applicant for compensation, was made after the closing of argument, and is not legitimate, and thus, it is so decided as per Disposition by the assent of all participating Justices.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the first and second judgment. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;