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The guilty part of the judgment of the court below of first instance and the judgment of the court of second instance are reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. Of the judgment of the first instance court, the first instance court dismissed the public prosecution on the insult of the Defendant among the facts charged against the Defendant, and convicted the remainder of the facts charged, respectively.
In regard to this, only the defendant appealed against the guilty portion of the judgment of the court of first instance, and the dismissed part of the judgment of the court of first instance is determined separately by the expiration of the appeal period and excluded from the scope of the judgment of this court (Provided, That since it is apparent that the dismissal part of the judgment of the court of first instance is a clerical error in Article 327 subparagraph 6 of the Criminal Procedure Act among the dismissed parts of the judgment of the court of first instance, Article 327 subparagraph 5 of the Criminal Procedure Act shall be corrected ex officio pursuant to Article 25 (1) of the Rules on Criminal Procedure). 2. The summary of the grounds for appeal (Article 25 (1) of the Rules on Criminal Procedure: Imprisonment with prison labor of April and June, 200) is too unreasonable.
3. As the judgment of the court below in the first and second instances against the defendant, the defendant filed an appeal against the guilty part of the judgment of the court of first instance and the judgment of the court of second instance, and this court decided to hold concurrent hearings with each of the above appeals cases. Each of the offenses in the judgment of the court of second and second instances against the defendant is concurrent offenses under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the conviction part of the judgment of the court of first and the judgment of the court of second level cannot be maintained.
4. In conclusion, since the guilty part of the judgment of the court below of first instance and the judgment of the court below of second instance are reversed ex officio as seen above, without examining the defendant's unfair argument about sentencing, the guilty part of the judgment of the court of first instance and the judgment of the court below of second instance are reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is all reversed,
【Grounds for the Judgment of the Court for Criminal Procedure】 The facts constituting a crime and the summary of the evidence recognized by the Court for Criminal Procedure are as stated in the corresponding column of the judgment below, and thus, Article 369 of the Criminal Procedure Act is applicable.