All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

The defendant shall make an applicant for compensation five million won.

1. The decision of the court below on the gist of the grounds for appeal (Article 1: 10 months of imprisonment and 4 months of imprisonment) is too unreasonable.

2. The appeal case against the judgment of the court below was joined in the judgment of the court below for ex officio judgment. Each of the crimes in the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and the sentence should be imposed within the period of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below should be

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is an ex officio reversal ground as above. It is so decided as follows.

In addition, since the application for compensation order by the applicant for compensation in the trial is well-grounded, it is ordered that the defendant pay 5 million won to the applicant for compensation in accordance with Article 25(1), Article 31(1), and Article 31(2) of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc., and provisional execution should be attached to the above compensation order in accordance with Article 31(3) of the same Act.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 356 and 355(1) of the Criminal Act, the choice of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant who has been punished in excess of a fine under Articles 25(1) and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution.