All of the parts except the compensation order of the first judgment and the second judgment shall be reversed.

Defendant .

1. If the first instance court accepted the application for compensation by the applicant for compensation, but appealed against the conviction, the final judgment of the court on the order for compensation shall be prevented, and the part thereof shall also be transferred to the appellate court together with the accused case, even if there is no objection to the order for compensation.

However, while filing an appeal against the first instance judgment, the Defendant did not assert any grounds for appeal regarding the cited part of the compensation order, and there is no reason to revoke or change it ex officio. Thus, the cited part of the first instance judgment is to maintain the aforementioned cited part of the compensation order.

2. Summary of grounds for appeal;

(a) The punishment of the defendant 1 and the second instance (the first instance court: imprisonment of one year and eight months, confiscation (Evidence 1 and 2), additional collection of 4730,00 won, and the second instance: imprisonment of two years) is too unreasonable;

(b)the above-mentioned sentence sentenced by the first instance court of the Prosecutor is too unhued and unreasonable;

3. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

Each of the first and second original judgments against the defendant was pronounced, and the defendant filed each appeal against the first and second original judgments, and this court decided to hold the first and second original judgments together with the second and the second original judgments.

Since each crime of the original judgment and the second original judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act, among the original judgment, the remainder of the original judgment except the compensation order of the first original judgment and the second original judgment cannot be maintained any more.

4. As the remaining parts of the judgment of the court of first instance excluding the compensation order, and the judgment of the court of second instance excluding the above reasons for ex officio reversal, the above part among the judgment of the court below excluding the compensation order of the court of second instance is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor'

Re-use.