Part of the first judgment excluding compensation order and all of the second judgment shall be reversed.

The defendant shall be punished by imprisonment for three years.

1. The gist of the grounds for appeal asserts that the defendant's punishment (the first instance court: the imprisonment of four years and six months, and the second instance court: the imprisonment of ten months) of the lower court is too unreasonable, and that the prosecutor is too uneasible and unfair.

2. Ex officio determination

A. Prior to the judgment on the grounds for appeal for consolidation in the appellate trial, the lower court rendered ex officio review of the judgment on the grounds for appeal, and this court decided to hold concurrent hearings of the above appeal cases by filing an appeal with the Defendant and the Prosecutor. Since each of the offenses against each Defendant constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, the lower court’s judgment cannot be maintained any more because it constitutes a concurrent crime under Article 38(1) of the Criminal Act and a sentence should be imposed within the scope of a limited

B. Where an appeal against a conviction of a compensation order against B, an applicant for compensation, among the original judgment of the first instance, is filed, the compensation order shall be transferred to the appellate court along with the accused case, and even where the original judgment is maintained in the appellate court, the compensation order may be revoked or revised by the original judgment

According to the records, B, which is an application for compensation in the first instance court, can recognize the fact that it has reached an agreement with the defendant after the decision of the court below was rendered, so the existence or scope of the defendant's liability for compensation is not clear.

Therefore, the part of the court of first instance regarding the compensation order shall be revoked, and the application for compensation order by the applicant for compensation shall be dismissed.

3. As such, since the part of the first judgment excluding the compensation order and the second judgment excluding the above reasons for the reversal of authority, the part excluding the compensation order among the first judgment under Article 364(2) of the Criminal Procedure Act excluding the compensation order and the second judgment under Article 364(2) excluding the compensation order shall be reversed, and the order for compensation against B among the first judgment excluding the compensation order shall be revoked, and the order for compensation order shall be revoked.