The part of the judgment of the court of first instance and the part of the judgment of the court of second instance concerning the defendant's case and ex officio observation order shall be reversed.

The second instance court's judgment against the judgment below was pronounced guilty on the part of the case of the defendant, and dismissed the prosecutor's request with respect to the part of the case for which the attachment order is requested and ordered to observe the order of protection ex officio.

As to this, Defendant and the person who requested an attachment order (hereinafter “Defendant”) filed an appeal against the part of the judgment of the second instance regarding the Defendant’s case, the part of the judgment of the second instance regarding the claim for attachment order is excluded from the object of adjudication as there is no benefit of appeal, and the part of the protective observation order issued ex officio by the second instance judgment is deemed to have been lodged pursuant to Articles 21-8 and 9(8) of the Act on the Attachment, etc. of Electronic Devices.

Therefore, the scope of the judgment of the court of the second instance is limited to the part of the case and the order of ex officio protection observation except for the part of the case for which the attachment order is requested.

Summary of Reasons for appeal

A. The sentencing of the judgment of Defendant 1 and KRW 2 is too unreasonable.

B. The sentencing of the first instance judgment by the Prosecutor is too uncomfortable and unfair.

3. Of the judgment of the court below in the first and second instances, the judgment of the court below in the first and second instances against the defendant was rendered, respectively, and the defendant filed an appeal against the judgment of the court below in the first and second instances against the whole judgment of the court below.

The Court decided to consolidate the appeal cases, and the offense of each defendant's case of the first and second judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence is to be imposed pursuant to Article 38 (1) of the Criminal Act. As such, the part of the judgment of the court below in the first and second judgment cannot be maintained as it is.

4. Since the part of each of the judgment of the court below in the judgment of the court below Nos. 1 and 2 is reversed ex officio as above, each of the aforementioned parts of the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining each of the unlawful arguments of sentencing by

(a) h.