2. Prior to the judgment of the court below on the grounds for appeal ex officio as to the guilty part among the judgment below, the judgment of the court of first instance and the judgment of the court of second instance against the defendant are sentenced to each of the judgment below, and the court of second instance decided to hold a joint hearing. Among the judgment of the court of first instance, each of the guilty part among the judgment of the court of first instance against the defendant and the part against the defendant among the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, among the judgment of the court of first instance, the guilty part

3. In a case where the defendant, ex officio, files an appeal against a conviction, the compensation order is transferred to the appellate court along with the defendant's case pursuant to Article 33 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, even if the defendant does not object to the compensation order, and thus, the part of the compensation order against the defendant

In the first instance, the defendant paid part of the amount to recover the damage of the applicant for compensation who is the victim and reached a civil agreement. It is judged that the existence or scope of liability for compensation is not clear.

Therefore, among the judgment of the court of first instance, the part of the compensation order against the defendant cannot be maintained as it is.

4. As such, since the guilty part of the judgment of the court of first instance and the part against the defendant among the judgment of the court of second instance against the defendant among the judgment of the court of second instance are grounds for reversal of official authority, Article 364 of the Criminal Procedure Act shall be applied without