Defendant .

A. On the first judgment of the court of first instance, the defendant's imprisonment (one hundred months of imprisonment) declared by the court of first instance is too unreasonable, and the prosecutor is too uneasible and unfair.

B. On the second judgment of the court below, the punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

2. Of the judgment of the court of first instance, the part excluding the dismissed part of the application for compensation order [the applicant cannot file an objection against the judgment dismissing the application for compensation order (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). The court of first instance dismissed the application for compensation order of B, which is the applicant for compensation, and it became final and conclusive immediately since it was impossible to file an objection against this part, and the rejection part of the application for compensation order among the judgment of first instance is excluded from the scope of the judgment of this court] was appealed by the defendant and the public prosecutor, and the defendant appealed against the judgment of second instance,

However, since each of the offenses committed against the Defendant guilty in the lower judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be pronounced pursuant to Article 38(1) of the Criminal Act, the part excluding the rejection of the application for compensation order among the first instance judgment, and the second lower judgment cannot be maintained as it is.

3. The part excluding the rejection of the application for compensation order among the judgment of the court of first instance, and the ground for ex officio reversal in the judgment of the court of second instance as above. Thus, without examining the allegation of unfair sentencing by the defendant and prosecutor, the part excluding the rejection of the application for compensation order among the judgment of the court of first instance under Article 364(2) of the Criminal Procedure Act is reversed

[Discied Reasons for the judgment below] Summary of facts constituting an offense and evidence and summary of evidence are as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;