The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed in entirety.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (unfair sentencing: imprisonment with prison labor for 6 months and imprisonment with prison labor for 1 year) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the defendant filed an appeal against the guilty portion of the judgment of the court of first instance and the judgment of the court of second instance. This court decided to hold concurrent hearings of the above two appeals cases. Among the judgment of the court of first instance, the guilty portion of the judgment of the court of first instance and the judgment of the court of second instance are concurrent offenses under the former part of Article 37 of the Criminal Act, and one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the conviction portion of the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained as they are.

3. In conclusion, since the judgment of the court below was reversed ex officio as seen above, the part of the judgment of the court below 1 and the part of the judgment of the court below 2 which found the defendant guilty and the judgment of the court below 1 and the judgment of the court below 2 are reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing. The judgment below is reversed and it is

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of the corresponding column of the first and second judgment, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act for the selection of punishment for the crime (abstinance, a punishment by imprisonment), Article 331 (2) and Article 331 (1) of the Criminal Act (abstinence of special larceny), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (abstinence of a driver without a license for a two-wheeled motor vehicle and a choice of imprisonment);

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. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant is a juvenile of 19 years of age, all of the crimes in this case committed, the fact that the defendant committed the crimes in this case, the fact that the defendant committed the crimes in this case, the fact that the victim partially and smoothly agreed to do so, and the same mistake again has not been repeated.