All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

1. Summary of grounds for appeal;

A. The sentencing of the lower judgment is too inappropriate.

B. The sentencing of the judgment of the court below of the second instance by the prosecutor is too uncomfortable.

2. Judgment on the grounds for appeal by the defendant and prosecutor ex officio shall be examined ex officio.

The first and second original courts rendered a judgment to each of the defendants after completing separate hearings against the defendant in accordance with the Gwangju District Court's 2017 Gocheon-si 927, 1156, 1320 (combined), 1453 (Consolidated), and 2018 Godan3659, respectively. The first and second original courts filed an appeal against the defendant against the judgment of the first instance, and this court decided to jointly deliberate on the above appellate cases. The first and second original judgments against the defendant are concurrent crimes in accordance with the former part of Article 37 of the Criminal Act and should be sentenced to a single sentence within the scope of the term of punishment for concurrent crimes under Article 38(1) of the Criminal Act. In this regard, all of the original judgment is reversed.

In addition, Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases Concerning the Promotion, etc. of Legal Proceedings”), while the first instance court rendered a judgment without the statement of the accused by summonsing the accused through service by public notice, the proviso of the above provision provides that in cases falling under imprisonment for a maximum of more than ten years, a trial may not be conducted without the statement of the accused in the instant case. As the relevant statutory penalty is limited to imprisonment for a limited term of not less

Nevertheless, the judgment of the court of first instance which pronounced a conviction without the defendant's statement is erroneous in violation of the law, which affected the conclusion of the judgment, and the judgment of the court of first instance is no longer maintained in this respect.

3. If so, the judgment of the court below is based on the above reasons for ex officio reversal.