The remainder of the original judgment and the second original judgment, excluding the rejection of an application for compensation order, shall be reversed, respectively.

1. The summary of the grounds for appeal (e.g., a two-month imprisonment with prison labor for the first instance court, and two-month imprisonment with prison labor for the second instance court) of the judgment below is too unreasonable.

2. The scope of the judgment of the court below within the scope of the adjudication of this court is that an applicant for compensation order cannot file an objection against the judgment dismissing the application for compensation order pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and the case of compensation order is immediately finalized. Therefore, the dismissal part of the application

3. Examination ex officio prior to determining the grounds for appeal by the defendant.

The judgment of the court below was sentenced to the defendant, and the defendant appealed, and the appeal case against the judgment of the court below was consolidated in the trial.

Since each crime of the judgment below is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act, the remainder of the judgment of the court of first instance and the second judgment except the rejection of the application for compensation order cannot be maintained as it is.

4. As seen above, the remaining parts of the judgment of the first instance and the judgment of the second instance, excluding the rejection of the application for compensation order, are reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s allegation of unfair sentencing, and the remaining parts of the judgment of the first instance and the second instance, excluding the rejection of the application for compensation order, are further decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as the sum of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes;