All the judgment of the court below (excluding the part of the compensation order) shall be reversed.

A defendant shall be punished by imprisonment for four years.

1.2.2

The court below's scope of trial in this court's judgment No. 1 cited the applicant B's application for compensation order, and the defendant filed an appeal against the judgment of the court of first instance pursuant to Article 33 (1) of the Act on Special Cases concerning Promotion, etc. of Affiliation by filing an appeal against the judgment of the court of first instance. However, although the defendant and his/her defense counsel did not state the grounds for appeal regarding the part of the compensation order in the petition of appeal and the reasons for appeal submitted by their defense counsel, and even if ex officio examined

2. Summary of reasons for appeal;

A. The punishment of KRW 1 and KRW 2 (the first instance judgment: imprisonment with prison labor for three years and the second instance judgment: imprisonment with prison labor for one year and two months) against the Defendant is too unreasonable.

(b) The sentence sentenced to the second instance judgment against the prosecutor accused (one year and two months of imprisonment) is too unhued and unfair;

3. Prior to the judgment on the grounds for ex officio appeal, the judgment of the first and second court against the defendant was rendered and the judgment of the second court was rendered, and the defendant filed an appeal against them, and this court also decided to hold a joint hearing of the two appeals cases. The crimes of the first and second court decisions against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as they are.

4. The conclusion of the judgment below is that there is a ground for reversal ex officio, and the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing (excluding the part of the compensation order for the first instance judgment), and it is again decided as follows after hearing.

[Judgment as to the reversal portion] Criminal facts and summary of evidence recognized by this court and summary of evidence are "the defendant's partial statement" of the first and the fifth 6 criminal judgment.