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All judgment of the court below shall be reversed.
Defendant 1 is a crime set forth in Article 2 of the judgment of the court of first instance and the judgment of the court of second instance.
Reasons
1. The second instance court dismissed the application for each compensation order filed by the applicant J and K, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation was unable to file an objection against the judgment dismissing the application for compensation. As such, the dismissal part of each of the above applications for compensation was immediately finalized.
Therefore, the part of the judgment of the court of second instance that rejected the above compensation order shall be excluded from the scope of the judgment of this court.
2. The gist of the grounds for appeal is that the respective punishment of the lower court (the first instance court: 10 months of imprisonment, the second instance court: 1 year and 6 months of imprisonment and 2 years of imprisonment) is too unreasonable.
3. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the judgment of the court below against the defendant was rendered separately and each appeal was filed, and this court decided to hold concurrent hearings of each of the above appeal cases. Among the judgment of the court of first instance and the judgment of the court of second instance, each of the offenses listed in Article 38 (1) of the Criminal Act in relation to concurrent offenses listed in Article 37 of the Criminal Act shall be sentenced in accordance with Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.
4. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and it is again decided as follows.
【Re-written judgment】 The facts constituting a crime recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are 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 35 of the Criminal Act for aggravated repeated crimes (Article 35 of the Criminal Act for each crime listed in the judgment of the court of first instance and the judgment of the court of second instance)
1. The latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes: