All judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The decision of the court below against the defendant in the summary of the grounds for appeal is unfair because each punishment (the first decision of the court below: the imprisonment of two years, and the imprisonment of eight months) of the court below is too unreasonable.

2. The first and second court rendered a judgment of conviction against the defendant after having undergone a separate hearing, and each of the above judgment of the court below was appealed against the defendant, and this court decided to hold concurrent hearings. Each of the above judgment of the court below should be sentenced to a single sentence within the term of punishment increased by concurrent crimes pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below cannot be maintained in this respect.

3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the allegation of unfair sentencing, on the grounds of ex officio reversal as seen above, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 260 (1) of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes: Provided, That the proviso to Article 42 of the Criminal Act shall not apply to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. From among concurrent crimes, punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes shall be aggravated within the limit provided for in the proviso of Article 42 of the Criminal Act;

1. The reason for sentencing in this case is that discretionary mitigation is considered in light of Articles 53 and 55(1)3 of the Criminal Act.