The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below on the gist of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. The Defendant, who was punished for the same kind of crime, committed the instant crime without being aware of it even though he was a repeated crime of the same kind.

However, in light of the following circumstances: (a) the Defendant’s mistake was recognized by the lower court; (b) the Defendant agreed with the victim J and E during the trial; and (c) the Defendant agreed with the victim J and E at the time of the trial; and (d) the instant crime is in the relation of concurrent crimes between the final judgment and the latter part of Article 37 of the Criminal Act at the time of the original trial, and there are other circumstances to consider the equity with the case at the same time when the judgment is rendered; and (b) the sentencing circumstances in the records, such as the motive, means and result of the instant crime; (c) the Defendant’s age, character and conduct, environment, health status, criminal record, and circumstances

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts recognized by the court and the summary of the evidence are all the same as stated in the judgment of the court, and the summary of the evidence is cited 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; Articles 109(1) and 36 of the Labor Standards Act; Article 35(1) of the Criminal Act; Article 355(1) of the Criminal Act; Articles 347(1) of the same Act, the choice of punishment for the crime; Articles 347(1) of the same Act; and

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. From among concurrent crimes, the punishment is imposed as ordered by a comprehensive consideration of the various circumstances as examined in the judgment on the grounds of appeal prior to the grounds of sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act and the various conditions of sentencing as shown in the argument of this case.