The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment for a year.

1. The first instance court dismissed an application for compensation order filed by M applicants for compensation (in early 2016, early 25), and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Therefore, this part is excluded from the scope of the judgment of this court.

Therefore, the scope of this Court's adjudication against the defendant is determined by the decision of the court of first instance, with the exception of the part concerning the application for compensation order, and the decision of the court of second won.

2. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for 10 months, the second instance court: imprisonment with prison labor for 6 months, the suspended sentence for 2 years) of the lower court is too unreasonable.

3. The judgment of the court of first instance and the judgment of the court of second instance against the defendant, each of which was sentenced to the judgment of the court of second instance, and the defendant filed an appeal against them, and the court of second instance decided to hold concurrent hearings of the above two appeals cases. The crime of the court of first and second appeal against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court of first and second instance cannot be maintained as it is because one sentence should be imposed in accordance with Article 38(1) of the Criminal Act (excluding the part of rejection of the application for compensation order). 4. Thus, the judgment of the court of first and second instance is reversed ex officio as the above grounds for reversal of the judgment of the court of appeal are reversed, without examining the judgment of the judgment of the court of appeal as to the defendant'

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (the following sentencing grounds are advantageous to the suspended sentence).