The part of the first judgment excluding the compensation order and the second judgment shall be reversed respectively.

The defendant shall be punished by imprisonment for nine months.

1. The summary of the grounds for appeal (e.g., imprisonment with labor for 7 months and 2 months) of the lower court’s punishment (e.g., imprisonment with labor for 7 months and 2 months) is too unreasonable.

2. The grounds for appeal by the defendant ex officio are examined ex officio prior to the judgment.

The judgment of the court below was pronounced to the defendant in sequential, and the defendant filed each appeal against the judgment of the court below.

This Court decided to consolidate the above two appeals cases.

However, each of the offenses committed by the lower judgment guilty is concurrent crimes under the former part of Article 37 of the Criminal Act.

In this regard, one punishment should be sentenced in accordance with Article 38 (1) of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained as it is.

3. Since the above reasons for ex officio reversal of the judgment on the defendant's assertion of unfair sentencing exist, the part of the judgment on the first instance pursuant to Article 364 (2) of the Criminal Procedure Act excluding the compensation order excluding the compensation order excluding the second instance judgment shall be reversed, and the following decision shall be rendered

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the 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. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 25(1), Article 31(1), Article 31(2), and Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Provisional Execution Sentence provides that the BR, which is an application for compensation to this Court, shall seek payment of the amount of KRW 150,000,000, which is calculated at the rate of 5% per annum from October 15, 2019 to the service date of a duplicate of the application for compensation order and 12% per annum from the following to the date of full payment.

However, the compensation order is stipulated in Article 25 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.