All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

The summary of the grounds for appeal (unfair punishment) of the lower court (the first instance court: imprisonment with prison labor for 8 months and the second instance court: imprisonment with prison labor for 6 months) is too unreasonable.

The defendant filed an appeal against the judgment of the court below, and the court decided to consolidate the above appeal cases.

Each of the judgments of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [w] is against the Defendant’s confession of the crime of this case.

Some victims do not want to punish the defendant.

[Unjustifiable circumstances] The defendant has a record of having been punished several times for the same kind of crime, and one among them reaches four times only the previous convictions.

The defendant began to repeatedly commit the same crime in about five months after he was released from prison without being aware of the period of repeated crime due to the same crime.

In particular, the defendant committed the crime of Paragraph 1 of the judgment of the first instance even though he was investigated by the police due to the crime of Paragraph 2 of the judgment of the first instance court, and the second instance is pending during the judgment of the first instance court.