Of the judgment of the court below, the part of the case against the defendant and the compensation order against the applicant C shall be reversed, respectively.

Defendant .

1. The summary of the grounds for appeal (unfair sentencing): The punishment sentenced by the lower court (in the first instance court: imprisonment with prison labor for one year and two months, and the second instance court: imprisonment with prison labor for six months) is too unreasonable.

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

The judgment of the court below in the first and second instances against the defendant was rendered, and the defendant filed an appeal against it, and this court decided to hold a joint hearing of the two appeals cases.

Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed in accordance with Article 38(1) of the Criminal Act. As such, the first and second judgment of the court below cannot be maintained.

3. Accordingly, the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument that the defendant's sentencing is unfair, and the judgment below is reversed, and it is again decided after pleading as follows.

In addition, according to the written agreement bound in the court records, the court below's compensation applicant C may recognize the fact that the applicant C submitted a written agreement with the defendant and the defendant's intention not to have the defendant punished. Thus, pursuant to Article 33 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the part of the compensation order against the applicant C among the judgment below's judgment is revoked (defeit) and pursuant to Article 32 (1) 3 and Article 25 (3) 3 of the same Act, the applicant C's compensation application is dismissed.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an order for compensation;