The remainder of the judgment of the court below, excluding the dismissed part of the application for compensation, shall be reversed in entirety.

1. The first instance court dismissed the application for compensation by the applicant for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation failed to file an objection against the judgment dismissing the application for compensation. Therefore, the part dismissing the said application for compensation was immediately finalized.

Therefore, among the judgment of the court of first instance, the dismissal of the above application for compensation is excluded from the scope of adjudication of this court.

2. The summary of the grounds for appeal (No. 1 year of imprisonment with prison labor and no. 2 months of imprisonment with prison labor) declared by the court below is too unreasonable.

3. Prior to the judgment on the grounds for appeal against each judgment of the court below for ex officio determination, the defendant filed an appeal against each judgment of the court below, and this court decided to hold concurrent hearings of the above two appeals. Since the crimes of the court below 1 and 2 against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below 1 and 2 cannot be maintained as they are.

4. As such, the remaining part of the judgment of the court of first instance excluding the dismissed part of the application for compensation, and the judgment of the court of second instance excluding the dismissed part of the judgment of the court of first instance pointing out the grounds for ex officio reversal, without examining the Defendant’s assertion of unfair sentencing on each of the judgment of the court below excluding the dismissed part of the application for compensation among the judgment of the court of first instance

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes