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

The defendant shall be sentenced to one year of imprisonment.

In a case where an appeal against a judgment of conviction in the scope of a trial by this court is filed, the confirmation of a compensation order is prevented even without an objection to the compensation order, and the compensation order is transferred to the appellate court along with the defendant case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). Article 2 of the second instance court deemed that the defendant filed an appeal against the second instance judgment pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings by filing an appeal against the second instance judgment.

However, without stating the grounds for appeal concerning the part of the petition of appeal and the statement of reasons for appeal submitted by the defendant and defense counsel, and even if ex officio examination is conducted, the part of the order for compensation cannot be revoked and the grounds for revision cannot be discovered. Therefore, the part of the judgment of

The main prosecutor of the grounds for appeal (with respect to the judgment of the court of first instance) the sentence (one year of imprisonment) that the court of appeal made by the court of first instance is deemed to be too uneasible

Defendant (the second judgment of the court below)’s punishment (the imprisonment of eight months) sentenced by the court below is too unreasonable.

Before determining the reasons for appeal by authority, this paper examines ex officio.

The first and second judgments were rendered against the defendant, and the prosecutor appealed against the first instance judgment, and the defendant filed an appeal against the second instance judgment, and the above two appeals cases were decided to be reviewed together in the first instance court.

Each of the lower judgment against the Defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the lower court’s judgment against the Defendant became unable to be maintained as it is.

Therefore, the judgment of the court below on the ground that there is a ground for reversal of authority as above. Thus, the judgment of the court below in accordance with Article 364 (2) of the Criminal Procedure Act (the second judgment on the compensation order among the judgment below) without examining each of the unfair sentencing of the prosecutor and the defendant