The part of the judgment of the court of first instance excluding a compensation order and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment.

In a case where an appeal against a judgment of conviction in the scope of a trial by this court is filed, the confirmation of a compensation order is prevented even without an objection to the compensation order, and the compensation order is transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). Article 1 of the lower court accepted the application of the applicant B, and the Defendant did not assert any grounds for appeal against this part, and even if ex officio examination is conducted, it cannot be found that the grounds for revocation or alteration thereof are not discovered. Therefore, the part accepting the compensation

Summary of Grounds for Appeal

Each sentence of the lower court (the first instance judgment: imprisonment with prison labor for 3 years, confiscation, and 2 months: Imprisonment for 10 months) is too unreasonable.

Before the judgment on the grounds for appeal ex officio, the defendant filed an appeal against all of the judgment below, and this court decided to hold two appeals together.

Since each crime of the judgment below is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act, the part of the judgment of the court of first instance excluding compensation order and the judgment of the court of second instance excluding compensation order cannot

Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed except for compensation order among the judgment of the court of first instance and the judgment of the court below, and the judgment below is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

Article 36 of the Act on the Punishment of Criminal Crimes

Articles 347(1) and 30 of the Criminal Act, the choice of punishment, and imprisonment.