The part of the judgment of the court of first instance excluding rejection of an application for compensation order and the judgment of the court of second instance shall be reversed.

Defendant .

1. Summary of grounds for appeal;

A. The punishment of imprisonment with prison labor and fine of KRW 3,00,000 on the defendant's second instance judgment against the defendant (the imprisonment with prison labor for a year and fine of KRW 3,000) is too unreasonable.

B. The punishment of the first instance judgment against the prosecutor’s defendant (the imprisonment of six months, the suspension of execution of two years, the observation of protection, and the community service order of 120 hours) is too uneased and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor, the prosecutor examined the judgment of the first instance court ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor, and the prosecutor filed each appeal against the judgment of the second instance in the trial at the court of the first instance, and the arguments regarding each of the above judgment of the court below were combined. Since each of the offenses ordered by the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single sentence under Article 38(1) of the Criminal Act, the judgment of the court below which sentenced a separate punishment for each of the above crimes (in the case of the first judgment of the court below, referring only to the conviction in the

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining each of the unfair arguments of sentencing by the defendant and the prosecutor, on the grounds that there are grounds for reversal ex officio as seen above, and the judgment below is reversed in entirety, and it is again decided as follows.

【Grounds for the judgment to be used again] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence as stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act (the fraud, the choice of imprisonment with labor, and the choice of punishment), Article 48 Subparag. 3 and Article 26(1) (the violation of the National Sports Promotion Act, the choice of imprisonment with labor) of the National Sports Promotion Act, the main sentence of Article 246(1) of the Criminal Act concerning the crime;

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

1. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are confined in the workhouse.