The part of the judgment of the court of first instance excluding a compensation order and the judgment of the court of second instance shall be reversed.

Two years of imprisonment.

1. The defendant asserts that the sentence of the first instance judgment (two years of imprisonment) of the summary of the grounds for appeal is too small, while the prosecutor asserts that it is too unhued and unreasonable, and that the defendant is too unreasonable about the sentence (six months of imprisonment) of the second instance judgment.

2. Upon ex officio determination, the court of original judgment Nos. 1 and 2 sentenced the defendant to two years of imprisonment with prison labor and six months of imprisonment with prison labor, and the defendant and the prosecutor filed an appeal against the court of first instance against the court of first instance, and the court of second instance decided to jointly deliberate each of the above appeals cases. Since each of the offenses against the defendant in the judgment of first and second instance is concurrent offenses under the former part of Article 37 of the Criminal Act and a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act, the part of the judgment of first and the judgment of second instance except the compensation order against the defendant cannot be maintained as it is.

3. According to the conclusion, the part of the judgment of the court of first instance excluding the compensation order and the judgment of the court of second instance excluding the compensation order pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing is reversed, and

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding parts of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 329 and 30 of the Criminal Act, Articles 329 and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, and choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act.