All the judgment below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The defendant 4,230. 4,230

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance court: 10 months of imprisonment and the second instance court: 2 months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Before determining the grounds for appeal by the Defendant and the prosecutor ex officio, the judgment of the court below against the Defendant was rendered, and both the Defendant and the prosecutor filed an appeal against each of the above judgment of the court below. This court decided to hold concurrent hearings of the above two appeals. Since each of the crimes of the judgment of the court in the first and second instances against the Defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed in accordance with Article 38(1) of the Criminal Act, and thus, the judgment of the court below 1 and 2 cannot be maintained.

3. The judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining each of the unfair sentencing arguments by the defendant and the prosecutor, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (1) and the choice of punishment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 25 (1), and Article 31 (1) through (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Compensation Orders and Declaration of Provisional Execution (Applicant G);

1. Applicant L, AH, AG, AE (Initial 385 in early 2018), AI, AD, W, Q: Article 32(1)3 and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of respective Lawsuits (in the case of the applicants other than the applicant Q, the amount of each fraudulent damage is claimed, but the applicant Q Q.