A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

2. Determination

A. The judgment of the court below on the defendant's assertion is somewhat inappropriate in light of various circumstances, including the defendant's age, character and conduct, motive, means and method of the crime of this case, and circumstances after the crime, etc., which are conditions for sentencing, such as the defendant's age, personality and conduct, motive, means and method of the crime of this case, etc., and the punishment of the court below is somewhat unreasonable.

B. Under Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings Concerning Compensation, etc., an order for compensation pursuant to Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings on Compensation is a system that specifies the amount of damage to the direct property damage suffered by the victim of a criminal act, and intends to seek the recovery of damage suffered by the victim simply and promptly by ordering the compensation to the defendant only when the scope of the defendant's liability for compensation is clear. According to Article 25(3)3 of the Act on Special Cases Concerning Special Cases Concerning Compensation, when the existence or scope of

(See Supreme Court Decision 96Do945 delivered on June 11, 1996, etc.). According to the records of this case, it is not clear that the defendant paid part of the amount to the victim and the order and scope of appropriation of the amount of damage are not clear. Thus, it is not reasonable to issue an order for compensation in the criminal procedure because the scope of damage is unclear.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable.