The part of the judgment of the court of first instance concerning the prosecuted case and the judgment of the second court shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

1. The first instance court accepted in its entirety the application for remedy order filed by C, an applicant for compensation, and the Defendants and the Prosecutor, by filing an appeal against the lower judgment, shall be deemed to have filed an appeal against the part of the remedy order pursuant to Article 33(1) of the Act on Special Cases Concerning Promotion, etc. of

However, the Defendants and their defense counsel did not state the grounds for appeal regarding the part of the order for compensation in the petition of appeal and the statement of grounds of appeal submitted, and even if ex officio examined, the part of the order for compensation cannot be revoked and amended. Therefore, the part of the order for compensation

On the other hand, the applicant shall not file an objection against the judgment dismissing the application for compensation order.

(Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Article 32(4)). 1 The first instance court dismissed the application for compensation order filed by D, which is an applicant for compensation, and became final and conclusive immediately since the appeal cannot be filed against this part. Therefore, the part of the first instance judgment dismissing

2. Summary of grounds for appeal;

A. Each sentence sentenced by the court below (the first instance court's imprisonment with labor for the defendant A, the second instance court's imprisonment for one year and two months, the second instance court's imprisonment for the defendant B, the first instance court's imprisonment for eight months, and the second instance court's imprisonment for four months) are too heavy.

B. The prosecutor’s first instance court’s sentence imposed on the Defendants is too minor.

3. As to the Defendants ex officio determination, the judgment of the court below was rendered, and the prosecutor (limited to the judgment of the court of first instance) and the Defendants filed an appeal, respectively, and the court decided to jointly deliberate on these cases.

The above judgment of the court below against the Defendants is a concurrent crime under the former part of Article 37 of the Criminal Act and thus, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act. As such, the part concerning the accused case and the judgment of the court of first instance cannot be maintained as they are.

4. Conclusion.