We reverse the judgment of the court below.

Defendant shall be punished by imprisonment for a term of one year and eight months.

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one and half years of imprisonment with prison labor of the first instance court, and three months of imprisonment with prison labor of the second instance court) is too heavy (the defendant, the first and the second instance court against the defendant, the second instance court), or it is too heavy (the prosecutor, the first instance court against the defendant, and the first instance court).

2. The judgment of the court below in the first and second instances was rendered against the defendant, and the defendant filed an appeal against the judgment of the court below in the first and second instances, and the court decided to jointly examine the two appeals cases.

Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed in accordance with Article 38(1) of the Criminal Act. As such, the first and second judgment of the court below cannot be maintained.

In addition, in the trial of the first instance court, the prosecutor permitted the application for changes in the indictment to add “the additional criminal facts” to “the judgment again used” as stated in the facts charged in the judgment of the first instance court, and this court permitted this, thereby changing the subject of the judgment.

Therefore, in this regard, the judgment of the first instance cannot be maintained as is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the judgment of the court below as to the improper sentencing of the defendant and the prosecutor, and it is so decided as follows through a new theory of change.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court is as follows: (a) the summary of the facts constituting an offense and the evidence is added to the facts constituting an offense subject to the original judgment; and (b) the summary of the evidence of the original judgment, i.e., “1. the Defendant’s legal statement” in the summary of the evidence of the original judgment, i.e., “1. the Defendant’s legal statement in the original judgment and the original judgment,” and ii) the same as the corresponding column of the original judgment, except for the addition of “1. FE’s legal statement and the written statement,” following the third 6th judgment, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.