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All parts of the judgment of the court below, excluding the rejection of compensation order, shall be reversed.
Defendant shall be punished by imprisonment.
Reasons
1. The second instance court rejected the application for compensation order filed by C, an applicant for compensation, and the applicant cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. Therefore, the dismissal part is excluded from the scope of the trial of the party.
2. The summary of the grounds for appeal (No. 1: imprisonment of the court below, No. 5 months, and No. 2:2) of the court below is too unreasonable.
3. The judgment of the court below against the defendant for ex officio determination was rendered, and the defendant filed an appeal, and this court decided to hold a joint hearing of each of the above appeals. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and a single sentence should be pronounced pursuant to Article 38(1) of the Criminal Act, the remaining parts of the judgment of the court of first instance and the judgment of the court of second instance except the rejection of compensation order cannot be maintained.
4. As such, the remaining parts of the judgment of the court of first instance and the judgment of the court of second instance excluding the rejection of compensation order among the judgment below excluding the rejection of compensation order, without examining the defendant's assertion, all of the judgment below excluding the rejection of compensation order among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act are reversed, and the following is
[Dao-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are the facts constituting an offense in the judgment of the court below, except for the deletion of the part of "the above judgment became final and conclusive on December 2, 2017, after having been sentenced to five months of imprisonment for a crime of fraud in the Sungwon District Court's Sung-nam Branch's support on November 24, 2017" of the facts constituting an offense in the judgment of the court of second instance, and therefore, they are cited as it is in accordance with Article 369 of the
Application of Statutes
1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment