The remainder of the judgment of the first instance and the judgment of the second instance excluding the dismissal of an application for compensation order.

1. According to the judgment of the court below in Article 2, the charge against the defendant was found guilty, but the application for compensation order by the applicant for compensation was rejected.

However, according to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation fails to file an appeal against a judgment dismissing the application for compensation order. Therefore, among the judgment below of the second instance, the rejection of the above application

Therefore, the rejection of the application for compensation order among the judgment of the court of second instance is excluded from the scope of the judgment of this court.

2. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor; imprisonment with prison labor for one year; imprisonment with prison labor for six months; suspension of execution for two years; and community service order for 80 hours) of the lower judgment is too unreasonable.

3. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the court below was rendered separately, and each appeal was filed, and this court decided to consolidate each of the above appeal cases. Since each of the offenses of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be imposed in accordance with Article 38(1) of the Criminal Act, and in this respect, the judgment of the court below cannot be maintained.

4. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is an ex officio reversal ground, and the remaining parts of the judgment of the court of first instance and the judgment of the court of second instance except the dismissed part of the application for compensation

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act of this Act concerning criminal facts.