Of the judgment of the first instance, the part against the defendant (excluding the part which rejected the application for compensation) and the judgment of the second instance.

1. The first instance court rejected the application of the applicant for compensation. According to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation failed to file an objection against the judgment dismissing the application for compensation. Therefore, the part dismissing the said application for compensation was immediately finalized.

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

2. Summary of grounds for appeal;

A. The decision of the court below on the appeal by the defendant (the first judgment: imprisonment with prison labor for a maximum of one year and four months, a short of one year, etc., and the second judgment: a suspended sentence of two years: imprisonment with prison labor for two months) is too unreasonable.

B. The sentence imposed on the Defendant by the first instance judgment on the Prosecutor’s appeal (the first instance judgment) is too unfasible and unreasonable.

3. Prior to the judgment on the grounds for appeal ex officio, the first and second judgments against the defendant are pronounced, and the defendant filed an appeal against the first and second judgments, and the prosecutor decided to concurrently examine the above two cases of appeal. The first and second judgments against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below cannot be maintained as they are.

4. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, since the above reasons for ex officio reversal exist, the part against the defendant (excluding the part which rejected the above application for compensation) and the second judgment among the judgment of the court of first instance shall be reversed without examining the defendant's and the prosecutor's allegation of unfair sentencing, and the judgment

[Discied Judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are the gist of the evidence.