The remainder of the judgment of the court below, excluding the dismissed part of the application for compensation, shall be reversed in entirety.

1. The lower court rejected the application for compensation by the applicant for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation did not file an objection against the judgment dismissing the application for compensation. Therefore, the part rejecting the said application for compensation was immediately determined.

Therefore, among the judgment of the court of first instance, the dismissal of the above application for compensation is excluded from the scope of adjudication of this court.

2. Summary of reasons for appeal;

A. The sentence of the first instance judgment (defendants) sentenced by the lower court to the Defendant (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

B. The sentence (3 million won) imposed by the lower court on the Defendant (public prosecutor) is too unhued and unreasonable.

3. Prior to the judgment on the grounds for appeal as to each judgment of the court below ex officio, the defendant appealed against the judgment of the court of first instance against the judgment of the court of first instance, and the prosecutor appealed against the judgment of the court of second instance, and the court of second instance decided to concurrently examine the above two appeals cases. Since each of the offenses in the judgment of first and second instance against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act, and thus, the judgment of the court of first and second instance cannot be exempted from the reversal in its entirety.

4. As such, the remaining part of the judgment of the court below of first instance excluding the dismissed part of the application for compensation among the judgment below excluding the dismissed part of the application for compensation, and the judgment of the court below excluding the dismissed part of the judgment of the court below excluding the dismissal of application for compensation among the judgment of the court below 1 pursuant to Article 364 (2) of the Criminal Procedure Act , and the judgment of the court below excluding the dismissed part of the application for compensation

[Re-written judgment] The criminal facts and summary of evidence recognized by the court are all the same as the entries of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.