The defendant case portion and the second judgment of the court of first instance shall be reversed respectively.

A defendant shall be punished by imprisonment for one year.

Each punishment sentenced by the first and second original trials (ten months of imprisonment, four months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

The punishment sentenced by the first instance court of the prosecutor is too unfasible.

Where an appeal is filed against a conviction on the judgment of conviction on the part of the order for compensation among the original judgment of the first instance, the order for order of conviction shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Litigation). Defendant appealed only to the part of the

There is no reason to revoke or revise the compensation order part of the judgment of the first instance ex officio.

Therefore, the above compensation order is maintained as it is.

The judgment of the court of first instance and the second judgment were rendered on the defendant's discretionary judgment, and the defendant and the prosecutor appealed each of the judgment of the court of first instance on the defendant's case. The defendant appealed each of the judgment of the court of second instance on the judgment of the court of second instance

Since each of the above offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act, the defendant's case and the second judgment cannot be maintained.

A victim who makes a decision on an application for a compensation order in the trial of the competent court may apply for a compensation order until the pleadings of the trial of the first instance or the second instance are concluded.

(Article 26(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. AB, an applicant for compensation, filed an application for compensation on April 17, 2019, which was after April 17, 2019.

Therefore, since the application is unlawful, it is dismissed in accordance with Article 32 (1) 1 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

The part of the judgment of the court of first instance concerning the defendant's case and the judgment of the court of second instance on the grounds of ex officio reversal, and without examining the defendant's and the prosecutor's allegation of unfair sentencing, the defendant's case and the judgment of the court of second instance are reversed pursuant to Article 364