The remainder of the original judgment and the second original judgment, excluding the rejection of an application for compensation order, shall be all.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (Article 1: imprisonment with prison labor for one year and six months, and the second judgment: imprisonment with prison labor for six months) is too unreasonable.

B. The sentence sentenced by the prosecutor (the second judgment of the court below: imprisonment with prison labor for six months) is too uneasible.

2. Ex officio determination

A. In the first instance trial, the second instance judgment and the second instance judgment against the defendant were consolidated, and each of the above concurrent cases against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1)2 of the Criminal Act. Thus, each of the lower judgment cannot be maintained any more.

B. Where an appeal against a conviction is filed, the order for compensation is transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), and the order for compensation of the original judgment ex officio is examined.

Since the defendant agreed with B and C as an applicant for compensation in the first instance, it is not reasonable to issue an order for compensation because the existence or scope of the defendant's liability for compensation is unclear.

Therefore, the order for compensation of the first instance judgment can not be maintained as it is.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the argument of unfair sentencing by the defendant and the prosecutor. The remaining parts of the judgment of the court of first instance and the judgment of the court of second instance excluding the dismissed part of the application for compensation order pursuant to Article 364 (2) of the Criminal Procedure Act are all reversed, and the order for compensation among the judgment of the court of first instance is revoked pursuant to Article 33 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, since the above grounds for revocation exist, and the application for compensation order by B and C as the applicant for compensation order of the court of first instance is dismissed pursuant to Articles 32 (1) 3 and 25

In other words,