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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the respective punishment (the imprisonment of August and the imprisonment of the second instance judgment: the imprisonment of August and eight months) of the original judgment is too unreasonable.
2. The crimes of the first and second judgment are concurrent crimes under the former part of Article 37 of the Criminal Act. Since the court below's concurrent deliberation of each case and then selected the same type of punishment for each crime, it is necessary to render a single sentence for each of the above crimes in accordance with Article 38 (1) of the Criminal Act. In this regard, the first and second judgment of the court below cannot escape from reversal.
3. As above, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is determined after pleadings, since there are reasons for ex officio reversal.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 Criminal Act concerning criminal facts, Articles 347(1) and 30 of the Criminal Act that choose a penalty, Article 329 of the Criminal Act, Article 366 of the Criminal Act, Article 319(1) of the Criminal Act, Article 319 of the Criminal Act, the choice of imprisonment for a crime
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;