The part of the judgment of the court of first instance excluding the compensation order part among the judgment of the court of second instance.

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (the first instance judgment: imprisonment with prison labor for three months, and the second instance judgment: imprisonment for two years and fine for one million won) is too unreasonable.

B. The sentence of the judgment of the court below of the second instance by the prosecutor is too uneasible and unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

As to the judgment below, the prosecutor filed each appeal against the judgment of the second instance, and the appellate court decided to consolidate the above two appeals cases with each other.

The judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

3. The judgment of the court below is reversed, and the remaining parts of the judgment of the court of first instance excluding the part of the judgment of the court of first instance and the part of the judgment of the court of second instance excluding the compensation order among the part of the judgment of the court of second instance excluding the part of the judgment of the court of second instance excluding the judgment of the court of second instance

【Reason of the judgment of the court below concerning each part of the defendant's judgment] Criminal facts and summary of evidence acknowledged by the appellate court and the summary of evidence are the same as the part of the judgment of the court of first instance concerning the defendant and the corresponding part of the judgment of the court of second instance. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2(2)3 of the relevant Act and Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury, the choice of imprisonment), Articles 84(2) and 69(1) of the Military Service Act (the point of failing to file a move-in report, the choice of fines), Articles 347(1) and 30 of the Criminal Act (Fraud, the point of fraud, the choice of imprisonment) of each Criminal Act.