The remainder of the original judgment and the second original judgment, excluding the rejection of an application for compensation order, shall be all.

1. Summary of grounds for appeal;

A. The sentence sentenced by the lower court (Article 1: 1 year of imprisonment and 4 months of imprisonment with prison labor) is too unreasonable.

B. The sentence sentenced by the prosecutor (the second judgment of the court below: imprisonment with prison labor for 4 months) is too unfortunate and unfair.

2. The first instance judgment case and the second instance judgment case against the defendant were consolidated in the judgment of the court below ex officio. Each of the above combined cases against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed in accordance with Article 38(1)2 of the Criminal Act.

Therefore, the part of the first and second original judgments excluding the rejection of an application for compensation order (which is already finalized pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings) can no longer be maintained.

3. Accordingly, the court below's decision on the grounds of ex officio reversal as seen earlier is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and prosecutor's assertion on unfair sentencing, and all of the parts excluding the rejection of the application for compensation order among the first and second judgments are reversed, and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (Fraud) and Article 329 of the Criminal Act and choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the sentencing factors indicated in the arguments of this case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined as ordered by taking into account the following circumstances: (a) the sentencing factors indicated in the arguments of this case, among concurrent crimes; and (b) the sentencing factors indicated in Articles 37(1)2 and 50 of the Criminal Act.

The defendant commits a crime in favor of him.