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The part of the judgment of the court of first instance excluding the rejection of compensation order and the judgment of the court of second instance shall be reversed.
Reasons
1. The first instance court rejected the application for compensation filed by the applicant for compensation. Since the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, each of the above cases of application for compensation became final and conclusive immediately, the part of the lower court’s rejection of application for compensation in the first instance judgment is excluded from the scope of the adjudication of this court.
2. The sentence (the first instance court: imprisonment with prison labor for three years, confiscation and return, and the second instance court: imprisonment with prison labor for eight months) that sentenced the first and second instance court to the summary of the grounds for appeal (the defendant asserted this part on the second instance court's trial date without submitting a statement of grounds for appeal against the second instance court) is unfair because it is too unreasonable (the defendant asserted this part on the second instance court's trial date without submitting a statement of grounds for appeal against the second instance court). 3. Prior to the judgment on the grounds for appeal ex officio, the first and second judgment against the defendant were sentenced to each of the judgment below, and the court filed each appeal against the defendant, and the court decided to jointly examine the two cases. The court of this case decided to jointly examine the two cases. Since each of the crimes of the first and second instance court's resolution against the defendant is a concurrent crime under Article 37 of the Criminal Act, the judgment of the court below cannot be maintained pursuant to Article 38 (1) of the Criminal Act.
3. As such, the judgment of the court below is reversed ex officio as a ground for reversal of the defendant's judgment, without examining the defendant's unfair argument of sentencing, and all the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the defendant does not submit a statement of reason for appeal within the deadline for submitting a statement of reason for appeal as to the judgment of the court below. The above case was appealed and this court consolidated it with the judgment of the court below No. 1, and if each crime committed against the defendant constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, the above crime should be punished in accordance with the provisions of the Act on Concurrent Crimes.