The part of the judgment of the court of first instance except the compensation order, and the compensation order among the judgment of the court of second instance.

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for a maximum of two years, a short of one year and six months, confiscation, and a second instance judgment: a maximum of one year and a short of eight months) declared by the lower court is too unreasonable.

2. The defendant's grounds for appeal ex officio are examined ex officio prior to the judgment.

This Court has tried to consolidate two cases of appeal against the defendant, and one of the two cases deliberated in the trial is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed within the scope of a limited term of punishment for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

In addition, it is clear that the defendant was a juvenile under Article 2 of the Juvenile Act at the time of the pronouncement of the judgment of the court below on May 9, 2000, but he was the adult of 19 years of age only in the trial.

Therefore, among the judgment of the court below that sentenced the defendant to be sentenced to an illegal sentence, the part against the defendant can no longer be maintained in this respect.

3. As such, the part of the judgment of the court of first instance on the defendant and the judgment of the court of second instance on the grounds of the above reasons for the reversal of unfair sentencing are reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and all of the part on the defendant except the compensation order among the judgment of the court of first instance and the judgment of the court below

In addition, since the DJ and Q's application for compensation are well-grounded, Article 25 (1), Article 31 (1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings provide that the defendant shall be paid KRW 2,020,00 obtained money from the DJ, the applicant for compensation, and KRW 5,00,00,00 to the A Q, the applicant for compensation, respectively, in accordance with Article 31 (3) of the same Act.