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

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (Article 1: 10 months of imprisonment with prison labor and Article 2 of the judgment of the lower court) is too unreasonable.

B. The sentence sentenced by the prosecutor (the second judgment of the court below: imprisonment with prison labor for 4 months) is too unfortunate and unfair.

2. Determination

A. We examine the first and second judgment of the first instance court prior to the judgment on the grounds for appeal by the defendant and prosecutor.

As to the first and second original judgment, the prosecutor appealed against the second original judgment, and the first instance court decided to consolidate the above two appeals cases. Of the first and the second original judgment against the defendant, the crime of the first and the second original judgment as to the defendant is concurrent crimes under Article 37 (1) 2 of the Criminal Act and should be sentenced to one punishment pursuant to Article 38 (1) 2 of the Criminal Act. Thus, the part excluding the first and the second original judgment among the first and the second original judgment cannot be maintained any more.

B. As to the crime No. 2 in the judgment of the court of first instance, this Court decided to consolidate the above two appeals. However, the part of the crime No. 2 in the judgment of the court of first instance in the judgment of the court of first instance, which was sentenced to five months of imprisonment with prison labor for the subsidiary branch of the Incheon District Court on October 13, 201 and sentenced to a separate punishment for concurrent crimes under the latter part of Article 37 of the Criminal Act, which became final and conclusive on February 22, 2012, is a concurrent crime under the latter part of Article 37 of the Criminal Act, and is not reversed for the reason of the combination of pleadings, and is examined as to the Defendant’s assertion of unfair sentencing on this part. 2) Since the Criminal Procedure Act, which adopts the trial-oriented principle and the direct principle, has the unique area of the court of first instance in the judgment of first instance,

Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015.