The part of the judgment of the court of first instance excluding the compensation order part and the second judgment shall be reversed.

Defendant .

1. The punishment sentenced by the lower court (the first instance judgment: imprisonment with prison labor for 2 years and 6 months, and the second instance judgment: imprisonment with prison labor for 2 years and 2 years) on the summary of the grounds for appeal is too unreasonable.

2. Where an appeal is filed against a judgment of conviction ex officio, the order for compensation shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit). According to the records of this case, although the Defendant filed an appeal against the judgment of the first instance, the Defendant did not state the grounds for appeal regarding the part on the order for compensation among the judgment of the first instance in the petition of appeal and the statement of grounds of appeal submitted by the Defendant, and even if ex officio

Therefore, the part of the judgment of the first instance is maintained as it is.

Before the judgment on the grounds for appeal is examined ex officio, the first and second judgments were sentenced to each of the judgment below against the defendant, and the defendant filed an appeal against them, and this court decided to hold a joint hearing of the above two appeals cases. Each of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and shall be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act. As such, the remaining parts of the judgment of the first and the second judgment except the compensation order part of the judgment of the court below cannot be maintained.

3. As such, the remaining parts of the judgment of the court of first instance excluding the compensation order part among the judgment below excluding the compensation order part, and the judgment of the court of second instance excluding the compensation order part among the judgment of the court of first instance excluding the compensation order part among the judgment of the court of first instance excluding the compensation order part and the judgment of the court of second instance excluding the

【Reason for the Judgment of the Supreme Court】 Facts constituting a crime and summary of evidence recognized by the court, and summary of evidence, shall be deemed to be facts constituting a crime and summary of evidence.