1. The defendant case;

A. On October 25, 2018, following the enforcement of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “the amended Act”), the lower court, which asserted a violation of the principle of inequality and the principle of prohibition against disadvantageous alteration, did not have any particular disadvantage to the Defendant, rather than maintaining the first instance judgment even if the lower court, at the same time with the issuance of the judgment pursuant to Article 3 and Article 56(1) of the Addenda of the amended Act, issued an employment restriction order pursuant to Article 56(1).

(see, e.g., Supreme Court Decision 2018Do13367, Oct. 25, 2018). The allegation in the grounds of appeal that the lower judgment erred by violating the principle of improper dismissal or the principle of prohibition of disadvantageous alteration is unacceptable.

B. The lower court did not err by failing to exhaust all necessary deliberations and exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules in determining that the Defendant was not in a state of mental disability at the time of committing the instant crime.

2. Compensation order;

A. The compensation order under Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is a system that intends to seek the recovery of victims’ damage simply and promptly by ordering the Defendant to compensate for direct physical damage, medical expenses, and consolation money that occurred from the criminal act of the accused case.

B. The lower court maintained the first instance judgment ordering the Defendant to pay the Defendant the amount of KRW 431,00, consolation money of KRW 29,569,00,00 for medical expenses.

According to the records, after the decision of the court of first instance was rendered, the defendant served a notice of the decision of the amount of compensation and a notice of other collection amount with the National Health Insurance Corporation, and it is recognized that the defendant paid KRW 1,063,80 to the Corporation out of the medical expenses for the applicant

However, the Corporation's charge that the defendant paid was paid by the applicant for compensation among the compensation order in the first instance judgment maintained by the court below.