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. Summary of grounds for appeal;

A. The punishment (the first instance court: imprisonment with prison labor for 1 year, the second instance court: the fine of 5 million won) imposed by the defendant is too unreasonable.

B. The sentence of imprisonment (one year of imprisonment) imposed by the first instance court is too unhued and unreasonable.

2. The first instance court, on the part of the order for compensation by the first instance court, accepted part of the application for compensation against the Defendant, who is an applicant for compensation by the first instance court.

Where an appeal against a conviction is filed, the compensation order 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 court of first instance, the Defendant did not state the grounds for appeal regarding the part of the compensation order among the judgment below in the petition of appeal and the statement of reasons for appeal submitted by the above Defendant, and even if ex

Therefore, the judgment of the court of first instance regarding the above compensation order shall be maintained as it is.

3. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

The first and second court sentenced the Defendant to imprisonment with prison labor and fine as above after completing a separate hearing.

The defendant filed an appeal against the first and second original judgment, and this court decided to hold a joint hearing of the two cases appealed.

However, since each crime of the first and second judgment is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, it is necessary to simultaneously render judgment in accordance with Article 38(1) of the Criminal Act and sentence one of the concurrent crimes.

Therefore, the part of the judgment of the court of first instance excluding the compensation order and the judgment of the court of second instance excluding the compensation order against the defendant can no longer be maintained.

4. In conclusion, the part of the judgment of the court of first instance excluding the compensation order, and the judgment of the court of second instance excluding the above order of compensation, and the defendant as to the judgment of the court of first and second instance.