The part of the judgment of the court below and the judgment of the court below in the second instance shall be reversed, and the compensation order part among the judgment of the court below.

1. Each sentence of the lower court (the first instance judgment: imprisonment with prison labor for eight months and the second instance judgment: imprisonment with prison labor for four months) against the accused in the summary of the grounds for appeal is unreasonable.

2. Determination

A. We examine ex officio the defendant's grounds for appeal as to the part of the defendant's case prior to the judgment.

The judgment of the court of first instance and the judgment of the court of second instance rendered each judgment against the defendant, and the defendant filed each appeal against them, and this court decided to jointly examine the above two appeals cases.

Accordingly, each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single punishment should be sentenced in accordance with Article 38(1) of the Criminal Act.

In this respect, among the judgment of the first and the judgment of the second court, the part of the defendant's case cannot be maintained as it is.

B. In a case where an appeal against a judgment of conviction ex officio as to the part of the order for compensation by the court below is filed, the confirmation of the order for compensation is interrupted even without an objection to the order for compensation, and the order for compensation is transferred to the appellate court along with the accused case (Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). The order for compensation pursuant to Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is a system that attempts to promote a simple and prompt recovery of damage by ordering the compensation to the accused only when the amount of direct property damage suffered by the victim of the criminal act is specified and the scope of the defendant's liability is apparent. According to Article 25(3)3 of the Act on Special Cases Concerning the Settlement, etc. of Legal Proceedings, the order for compensation shall not be issued in a case where the existence or scope of

(See Supreme Court Decisions 2012Do7144 Decided August 30, 2012; 2011Do4194 Decided June 10, 201, etc.). The lower court is the lower court.