The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The decision of the court below (the first instance court: the imprisonment of 10 months and the second instance court: the imprisonment of 6 months) is too unreasonable; and

2. Prior to the judgment on the grounds for appeal above ex officio, the first and second court sentenced the defendant to the above punishment after having undergone a separate examination against the defendant respectively. The defendant filed an appeal against the first and second court judgment, the prosecutor filed an appeal against the first and the second court, and the court of the first and second court decided to hold concurrent hearings. Each of the crimes of the court below against the defendant was related to concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes under Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be exempted from all reversal.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the following is again decided upon without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen earlier.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: 1. The defendant's oral statement in the summary of the evidence in the first instance judgment is added to the statement in each corresponding column of the judgment of the court below, except for addition of "the defendant's oral statement in the court below". Thus, it is cited in accordance with Article

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Among concurrent crimes, for the reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, some of the crimes of this case were committed during the period of suspension of execution for the same kind of crime, the victim F was not agreed, and there was a record of being punished several times for the same and different types of crimes, which are disadvantageous to the defendant.