The part of the first judgment excluding the rejection of application for compensation order and the second judgment shall be reversed.

1. Summary of grounds for appeal;

A. The judgment of the court below (the first judgment of the court below: 10 months of imprisonment and the second judgment of the court below: 1 year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (the first instance judgment: imprisonment with prison labor for 10 months) of the lower court is too unhued and unreasonable.

2. The first instance judgment case and the second instance judgment case against the defendant were consolidated in the judgment of the court below ex officio. Each of the above combined cases against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed in accordance with Article 38(1)2 of the Criminal Act.

Therefore, in the first instance judgment, an applicant cannot file an objection against the judgment dismissing an application for compensation or admitting a part of the application for compensation order (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), and in the first instance judgment, an application for compensation of AE, which is an application for compensation, has been dismissed, the above dismissed part is immediately determined and excluded from the scope of the

The judgment of the court of the court of the second instance other than B is no longer maintained.

3. Accordingly, the judgment of the court below is reversed, and the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act, and the judgment of the court of first instance excluding the rejection of compensation order among the judgment of the court of first instance and the judgment of the court of second instance are all reversed, and it is again decided as follows

[Discied reasoning of the judgment of the court below] The criminal facts and summary of the evidence recognized by the court and the summary of the evidence are as follows: the victim's "AX" in No. 6 attached table No. 10 is the same as that of the judgment of the court below except that the victim "B" in No. 6 attached table No. 10 is the same as that of the corresponding column of the Criminal Procedure Act. Thus, it is acceptable in accordance with

Application of Statutes

1. Article 347(1) of the Criminal Act, Article 48 subparag. 3 of the National Sports Promotion Act, and Article 26 of the same Act, which provides applicable legal provisions for facts constituting an offense, the choice of punishment, and the choice of punishment.