Of the judgment of the court below, the part of the judgment below excluding the compensation order for the first instance judgment shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor: 1 year and 8 months; 40 hours; 2 months, and imprisonment with prison labor) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the defendant filed an appeal against the judgment of the court below, and this court decided to hold the two appeals jointly. 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 in accordance with Article 38(1) of the Criminal Act, the part of the judgment of the court below except the order for compensation order of the first judgment among the judgment of the court below cannot be maintained.

3. In conclusion, the part of the judgment of the court below excluding the order for compensation for the first instance judgment among the judgment below excluding the order for compensation for damages, is reversed ex officio as above. Thus, without examining the defendant's unfair argument of sentencing, the part of the judgment below excluding the order for compensation for the first instance judgment among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act is reversed, and it is again decided as follows after pleading.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of obscenity using communications media), and the choice of imprisonment with prison labor, respectively;

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

1. Article 16(2) and 16(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Ordering the Crimes of this case concerning the Punishment, etc. of Sexual Crimes committed on the ground that the Defendant had no intention or ability to sell the goods, deceiving the victims to sell the goods through the Internet site.