The judgment of the court of first instance (excluding the dismissal part of the application for compensation) and the judgment of the court of second instance are reversed in entirety.

Defendant shall be punished by imprisonment.

1. The first instance court’s judgment rejected the applicant H’s application for compensation. According to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation, and the above application for compensation became final and conclusive immediately.

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

2. Summary of reasons for appeal;

A. The punishment of the lower judgment (the first instance judgment: imprisonment with prison labor for August and the second instance judgment: imprisonment with prison labor for April) is too unreasonable.

B. Prosecutor (unfair sentencing against the judgment of the court of first instance)

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

The judgment of the court below against the defendant was rendered, and the defendant filed each appeal against the judgment of the court of first instance against the judgment of the court of first instance, and this court decided to hold the above two appeals together for a trial.

The first and second judgment of the court below, excluding the dismissal part of the application for compensation, cannot be maintained as it is, since each crime of the first and second judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment shall be imposed pursuant to Article 38(1) of the Criminal Act.

4. Accordingly, the judgment of the court below is reversed in entirety the judgment of the court below 1 and the judgment of the court below 2 ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing and the prosecutor's improper assertion of sentencing against the judgment of the court of first instance, and the judgment of the court below is reversed, and the following is again decided after pleading.

[Grounds for a new judgment] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;