The part of 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. Summary of grounds for appeal;

A. The respective sentence of the lower court (the first instance court: imprisonment with prison labor for one year and four months, and the second instance court: imprisonment with prison labor for two months) is too unreasonable.

B. The first sentence of the lower court, which is too unhued, is unfair.

2. Ex officio determination

A. Each court below rendered ex officio judgment on the part of the case of the defendant, after completing the hearing on the defendant, sentenced each of the above imprisonment with prison labor.

As to the judgment of the court below in the first and second instances, the defendant filed each appeal against the judgment of the court of first instance, and this court decided to hold the above two appeals together for a new trial.

However, since each crime of the first and second judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below in the first and second judgment cannot be maintained as it is.

B. In the judgment of the court of first instance, where an appeal is filed against the judgment of conviction on the part of the judgment of conviction regarding the compensation order against the applicant BB, the confirmation of the compensation order shall be prevented, and the compensation order shall be transferred to the appellate court together with the case of the defendant (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), and the part of the compensation order in the judgment of the court of first instance

The court of first instance ordered the defendant to pay 750,000 won to the applicant BB for the compensation of the court below.

However, according to the records of this case, the defendant paid 750,000 won to the applicant BB on June 1, 2020 and agreed with the above applicant for compensation, so it constitutes a case where it is impossible to issue an order for compensation because the existence and scope of the defendant's liability for compensation against the applicant BB in the original judgment is unclear.

Therefore, since the application for compensation order filed by the applicant BB of the original judgment is dismissed, this part of the original judgment cannot be maintained as it is.

3. Matters concerning the application for compensation in the trial of the court;