All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. The first instance court’s punishment (two months of imprisonment, two years of suspended execution, two years of probation, and one hundred and twenty hours of community service) is too unfluent and unreasonable.

B. Defendant 2’s imprisonment (six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal, the first and second court rendered ex officio the judgment on the grounds for appeal, and the first and second court rendered the judgment on the former, following the separate deliberation by the Suwon District Court 2013 Gonam Branch 2013 Gonam Branch 213 Ma31, 2595 (Joint) and the second and second courts 2014 Godan1918 (Separation), with respect to the defendant, the court ordered the probation and community service 120 hours to be sentenced to imprisonment, and the prosecutor issued the first and the second orders to be sentenced to imprisonment with prison labor for the latter, and the defendant filed each appeal against the second and the court decided to jointly deliberate on the above two appeals cases.

Therefore, since the first and second crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, they should be sentenced to a single sentence within the scope of punishment aggravated by concurrent crimes pursuant to Article 38(1) of the Criminal Act, the judgment of the court below against the defendant can no longer be maintained.

3. If so, without examining the grounds for unfair sentencing by both parties, the judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the grounds for unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes.