The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for two years.

(2) seized liquid;

1. The court below accepted the application for compensation by the applicant for compensation, and the defendant did not assert any grounds for appeal against this part, and even upon ex officio examination, the grounds for revocation or alteration cannot be found. Thus, the part of the court below's judgment accepting the order for compensation is maintained as it is.

2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment, etc.) is too unreasonable.

3. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the records, on February 24, 2021, the defendant was sentenced to six months of imprisonment for fraud, one year of suspended execution, etc. at the Seoul Central District Court on February 24, 2021 and such judgment became final and conclusive on March 4, 2021.

Thus, each crime of the judgment below and the above crime of the court below against the defendant for which the judgment of the court below became final and conclusive are in a single concurrent relationship after Article 37 of the Criminal Act, and the equality in the case where the judgment is held simultaneously, and whether to exempt the mitigation of punishment is determined by examining whether to exempt the mitigation of punishment. Since the court below did not consider such circumstances, the part of the case of the defendant of the judgment below cannot be maintained.

4. If so, the part of the judgment of the court below regarding the defendant's case is reversed ex officio. Thus, without examining the defendant's unfair argument about sentencing, the judgment below reversed the part concerning the defendant's case among the judgment below pursuant to Article 364 (6) and Article 364 (2) of the Criminal Procedure Act and ruled again following the pleading.

[Grounds for the judgment below] The summary of facts constituting a crime and evidence recognized by this court is the first head of the judgment below's criminal facts and the summary of evidence. "The defendant was sentenced on February 24, 2021 to six months of imprisonment with prison labor and one year of suspended execution at the Seoul Central District Court on February 24, 2021 and the judgment became final on March 4, 2021.

With the exception of adding “”, Article 369 of the Criminal Procedure Act is the same as the corresponding column of the lower judgment.