All parts of the judgment of the court below except the compensation order shall be reversed.

Defendant 2018 High Order 1337, 200.

1. Summary of grounds for appeal;

A. Defendant 1) Of the lower judgment’s judgment, Defendant 1 did not receive from the injured party the re-cash 1, 3 through 7, 11, 12, 17 through 19, and 22 as stated in the list of crimes in the first instance judgment, with respect to the case No. 1122 high group of 2019 high group of the lower judgment, and the Defendant received from the injured party the payment of the re-cash 1, 3 through 7, 11, 12, 17 through

However, 50,000 won out of the 19-year cash 1,000 won was paid at a gold level.

Nevertheless, the judgment of the court below which found the Defendant guilty of all the charges No. 1122 of the High Order 2019, which includes the above cash payment portion, was erroneous and adversely affected the conclusion of the judgment.

2) The punishment sentenced by the lower court (the first instance court: two months of imprisonment, one year of imprisonment, and six months of imprisonment) is too unreasonable.

(b)the sentence imposed by the second instance judgment of the Prosecutor is too unhued and unreasonable;

2. Ex officio determination

A. In light of the language, legislative intent, etc. of the latter part of Article 37 of the Criminal Act regarding the management of concurrent crimes after Article 37 of the former Judgment on the First Instance, if a crime for which judgment was not yet rendered could not be judged concurrently with the crime for which judgment became final and conclusive, it is reasonable to interpret that a group of concurrent crimes cannot be established after Article 37 of the Criminal Act, and that a sentence shall not be imposed, or mitigated or exempted, taking into account the case of equity and the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act (see, e.g., Supreme Court Decision 2012Do9295, Sept. 27, 2012). According to the records, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for one year after being sentenced to a fine of 2 years from a general military court of the sixth military branch of the Army on June 29, 2016 and the judgment on July 7, 2016 becomes final and conclusive (hereinafter referred to as “the judgment”).