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 shall be punished by imprisonment.

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 1 year, confiscation, and second instance judgment: imprisonment for 2 months) is too heavy.

2. On June 9, 2015, the judgment of the court below Nos. 1 and 2 sentenced the defendant to imprisonment with prison labor for the former one year, and two months for the latter one, after completing separate hearings as Seoul Western District Court Decision 2015Da1002, 2015Hu436 Decided June 9, 2015, and Supreme Court Decision 201Da1479 Decided August 11, 2015, respectively. The defendant filed an appeal against each of the above judgments, and the court of the first instance decided to jointly examine the above two appeals cases.

Since the first and second crimes of the court below against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence shall be imposed within the scope of punishment aggravated by concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the part of the judgment of the court of first instance excluding compensation order among the judgment of the court of first instance against the defendant, and the judgment of the court of second instance excluding compensation order, cannot be exempted from all

3. In conclusion, since the part of the judgment of the court of first instance excluding the order for compensation among the judgment below excluding the order for compensation and the judgment of the court of second instance excluding the order for compensation, all of them are reversed pursuant to Article 364 (2), (6) of the Criminal Procedure

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the entries in each corresponding column of the judgment below 1 and 2, thereby citing them as they are.

Application of Statutes

1. Article 329 of the Criminal Act applicable to the crimes;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 333(1) of the Return Criminal Procedure Act, which resulted in the crime, due to the fact that the defendant recognized all of the crimes, and the economic difficulties, was stolen.