The part of the order for compensation in the part of the original judgment (excluding the part of the order for compensation) and the part of the order for compensation in the part of the second judgment.

1. Summary of grounds for appeal;

A. The determination of the defendant (in the first instance court: imprisonment with prison labor for 1 year and 10 months, and the second instance court: imprisonment for 1 year and 6 months and fine for 2 million won) is unreasonable.

B. The determination of the original sentence of the second instance court, which is unreasonable, is unreasonable.

2. Determination

A. In the judgment of the first instance court (excluding the part of the compensation order) and the part of the first instance court (excluding the part of the compensation order) and the part of the first through fifth (excluding the part of the compensation order) in the judgment of the second instance, which were joined by the court, should be sentenced to a single sentence pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

This part of the judgment below cannot be maintained.

B. Of the judgment of the court below of the second instance, the second court rendered a sentence in consideration of the fact that the defendant recognized the crime and the case where the judgment is rendered simultaneously with the criminal facts on which the judgment became final and conclusive.

Even if the defendant re-examines the elements of sentencing, such as the fact that he/she has committed an offense while the judgment becomes final and conclusive, it cannot be seen that the amount of punishment in this part of the second instance judgment is heavy or unreasonable.

3. In conclusion, there are grounds for ex officio reversal of the first and fifth of the judgment of the court below (excluding the part of the compensation order) and the first to fifth of the judgment of the court of second and the second of the court below

Pursuant to Article 364 (2) of the Criminal Procedure Act, each reversal shall be reversed and the following judgment shall be rendered:

The defendant and prosecutor's appeal concerning the part concerning the crime No. 6 of the judgment of the court below is without merit.

Each dismissal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the corresponding column of the original judgment.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime, the choice of punishment, and the Criminal Act;