The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.

Defendant shall be punished by imprisonment for a period of one year and eight months.

1. The first instance judgment dismissed an application for compensation by an applicant for compensation, and the judgment dismissing an application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., the case for applying for compensation order was immediately finalized.

Therefore, among the judgment of the court of first instance, the rejection of an application for compensation order is excluded from the scope of the trial.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 1 year and 4 months, and 2 months: imprisonment with prison labor for 6 months) of the lower court is too unreasonable.

3. Prior to the judgment on the grounds for appeal ex officio, the appeal case against the judgment below was consolidated by examining ex officio prior to the judgment on the grounds for appeal for ex officio judgment. Each of the offenses in the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus a single sentence is to be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below

In addition, in the trial of the court of first instance, the prosecutor applied for the permission of modification of a bill of amendment to the contents of the judgment of the court of first instance [2018 Highest 5303] of the charges / [2018 Highest 5303] part of the charges / [B] part of the charges / "B" with the signature of "B" and changed the contents of the L's cell phone opening, etc. to

4. Accordingly, the part of the judgment of the court of first instance concerning the defendant's case and the judgment of the court of second instance on the grounds of the above ex officio reversal. Thus, without examining the defendant's assertion of unfair sentencing, all of the relevant parts are reversed under Article 364 (2) of the Criminal Procedure Act,

【Reason used again as to the reversal portion】 Criminal facts and the summary of evidence acknowledged by this court are identical to the corresponding column of the judgment of the court below, except for the changed portions as stated in the above paragraph (3). The gist of evidence is the judgment of the court below.