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

Defendant shall be punished by imprisonment.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (Article 1 and 6 months of imprisonment with prison labor for the first instance court, confiscation, and 2: imprisonment with prison labor for the second instance court) is too unreasonable.

B. The punishment sentenced by the second instance court (one year of imprisonment) is too unhued and unfair.

2. The first instance court, as to the part of the order for compensation of the first instance court, accepted the application for compensation against the Defendant, who is an applicant for compensation of the first instance court, and where an appeal against a conviction was filed, the order for compensation is transferred to the appellate court along with the Defendant’s case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit). According to the records of this case, although the Defendant filed an appeal against the first instance court, the Defendant did not indicate the grounds for appeal regarding the part of the order for compensation among the judgment below in the petition of appeal and the statement of reasons for appeal submitted by the said Defendant,

Therefore, the judgment of the court of first instance regarding the above compensation order shall be maintained as it is.

3. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

The first and second original judgments against the defendant were sentenced to each of them, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of each appeal against the first and second original judgment. Each of the first and second original judgments against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the offenses under Article 38(1) of the Criminal Act shall be sentenced to one punishment.

Therefore, the 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 against the defendant can no longer be maintained.

4. Accordingly, the part of the judgment of the court of first instance excluding the compensation order among the judgment of the court of first instance and the judgment of the court of second instance excluding the above order for compensation , so the defendant and the prosecutor did not decide on the grounds of unfair sentencing without further proceeding.