The remaining parts of the judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed.

Defendant .

1. Summary of grounds for appeal;

A. The punishment of the first instance judgment on the Defendant (unfair sentencing) and the punishment of the second instance judgment on the Defendant (one year and six months of imprisonment) (two months of imprisonment) are too unreasonable.

B. It is unfair that this is too uneasible to the prosecutor (unfair sentencing)’s 2nd adjudication decision (two months of imprisonment) against the defendant.

2. Ex officio determination, the defendant filed an appeal against the judgment of the court of first instance against the defendant and the prosecutor against the judgment of the court of second instance, and this court decided to hold concurrent hearings against the above two appeals cases. Since the crimes of the first and second appeals against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act, since the crimes of the first and second appeals against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court of first instance (excluding the part on compensation order among the judgment of the court of first instance)

3. If so, the judgment of the court below (excluding the part of the compensation order among the judgment of the court of first instance) is reversed ex officio as the above grounds for reversal of the above authority, and without examining the unfair argument about sentencing between the defendant and the prosecutor, the remaining 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 are reversed,

Criminal facts

The summary of the judgment of the court below is the same as each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The grounds for sentencing under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Compensation and Sentence of Provisional Execution are against the Defendant’s wrongness, and certain victims are returned, considering the favorable circumstances. On the other hand, from the date when the Defendant was released from the prison to the same kind of crime, it is re-written.