The part of the judgment of the court of first instance excluding the part against the defendant and the dismissal of the application for compensation order.

1. The summary of the grounds for appeal is too unreasonable that the respective punishment of the original judgment (the first instance judgment: imprisonment with prison labor; the second instance judgment; the imprisonment with prison labor; and the eight months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, this Court tried at a concurrent hearing of each appeal case against the judgment below. Each of the offenses of the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the part of the judgment of the court of first instance excluding the part against the defendant and the part concerning the remainder of the judgment of the court of second instance excluding the dismissal of the application for compensation order under Article

3. Accordingly, the judgment of the court below is reversed ex officio and the remaining parts of the judgment of the court of first instance except the part against the defendant and the dismissal of the application for compensation order by the court of second instance pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's ex officio grounds for reversal of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts and evidence recognized by this court is identical to the facts and the summary of the evidence in each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2 (2) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of joint injury and the choice of imprisonment), Articles 347 (1) and 30 of the Criminal Act (the point of fraud and the choice of imprisonment);

1. Of concurrent crimes, for reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, joint injury among each of the crimes in this case was inflicted by the Defendant’s use of violence against the victim in the state of resistance without any special reason, and the crime of fraud was also committed with the accomplice.