All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal (e.g., the first instance court: imprisonment with prison labor for 6 months and 4 months) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, the first and second court sentenced the defendant to six months of imprisonment for the former and four months of imprisonment for the latter in the case of the latter after the court of Seoul Eastern District Court 2013Kadan1042 and the second and second courts 2013Kadan2446, respectively, and sentenced the defendant to four months of imprisonment for the latter. The defendant appealed against each of the above judgment of the court below, and the court of the first and second court decided to concurrently deliberate on the above two appeals. Each of the crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence shall be imposed within the scope of punishment subject to aggravated punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the grounds for appeal by the defendant, and the following judgment is rendered following the pleadings.

Criminal facts

The summary of the facts charged and the summary of the evidence presented by the court are the same as the corresponding columns of each of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the punishment as set forth in the order shall be determined by taking into account the grounds, etc. for reversal of the sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act;