The part of the judgment of the first instance and the judgment of the second instance concerning the defendant's case shall be reversed.

Defendant shall be punished by imprisonment for a period of one year and two months.

1. The second instance court’s decision cited part of the application for compensation order filed by the applicant for compensation in the lower court and rejected the remainder of the application (damages for delay), and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. Thus, the dismissed part is excluded from the scope of the trial of this

2. Summary of grounds for appeal (unfair sentencing)

A. Defendant 2’s imprisonment (eight months of imprisonment) is too unreasonable.

B. The prosecutor’s each sentence of the lower court (the first instance court’s sentence: one year of imprisonment and two years of probation, probation order, 40 hours community service order, and 2 months of imprisonment) is too uneased and unreasonable.

3. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio in accordance with the consolidated examination, the defendant filed an appeal against the judgment of the court of second instance as to the whole of the judgment of the court below, and the court of first instance decided to hold concurrent hearings. Since all the facts constituting the above judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained as they are.

4. In a case where the defendant, ex officio, files an appeal against a conviction, the part of the compensation order pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, even if the defendant does not object to the compensation order, is transferred to the appellate court along with the case of the defendant. The part of the compensation order for the applicant of the second instance judgment

The second instance court ordered the defendant to pay KRW 75,00 to the applicant for compensation by partially citing the application for compensation by the applicant for compensation, but the records show that the court below is just in the trial.