All the judgment of the court below (excluding the part dismissing an application for compensation order among the judgment of the court below Nos. 1 and 2) shall be reversed.

Defendant .

1. An applicant for compensation within the scope of adjudication of this court may not file an appeal against the judgment dismissing the application for compensation order (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), and the application for compensation order shall become final and conclusive immediately.

The lower court rejected each applicant’s application for compensation, and as to this part, it became final and conclusive simultaneously with the first and second judgment, the part of the lower court’s dismissal of the above order for compensation among the first and second judgment is excluded from the scope of the judgment of this court.

2. As to each sentence (the first instance court: imprisonment of 2 years and 2 months, and the second instance court: imprisonment of 4 months, and the third instance court: one year) declared by the lower court, the Defendant is too unreasonable, and the prosecutor asserts that the first and third instances of the lower court are too unfasible and unfair.

3. As the judgment of the court below against the defendant in the judgment of the court below, the defendant and the prosecutor filed an appeal against the judgment of the court below in the judgment of the court below Nos. 1 and 3, and the defendant filed an appeal against the judgment of the court of appeal in the judgment of the court below, and the court decided to hold the appeal jointly. Each crime in the judgment of the court below is related to concurrent crimes in the former part of Article 37 of the Criminal Act, and one punishment should be sentenced within the scope of punishment aggravated for concurrent crimes in accordance with Article 38 (1) of the Criminal Act.

4. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is determined through oral pleadings, without examining the aforementioned ex officio reversal grounds.

[Grounds for a new judgment] The criminal facts and summary of evidence recognized by the court and the summary of evidence are identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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