건조물침입등
The judgment below
The remainder of the compensation order, excluding the compensation order, shall be reversed.
The defendant shall be punished by imprisonment.
1. In a case where an appeal against a judgment of conviction in the scope of adjudication by this Court is filed, the compensation order shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit). The lower court accepted the Defendant’s application for compensation against B, who is the applicant for compensation. The Defendant did not assert the grounds for appeal regarding the cited portion of the compensation order by the lower court, and even if ex officio examination is conducted, the grounds for
[In accordance with Article 25 (3) 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, where the existence or scope of liability of a defendant is unclear, an order for compensation shall not be issued, and in such a case, an applicant for compensation shall dismiss an application for compensation pursuant to Article 32 (1) of the above Act (see, e.g., Supreme Court Decision 2012Do7144, Aug. 30, 2012). According to the records, the applicant for compensation submitted an agreement to the court on July 27, 2020 that "no objection shall be raised against the defendant." Meanwhile, according to the records, the applicant for compensation received KRW 5 million separately from the defendant under the premise that the part of the judgment below cited for the order for compensation became final, and the defendant also did not assert the grounds for appeal regarding the cited part of the judgment below on the second trial date, and thus, it cannot be deemed that the scope of the application for compensation between the defendant and the defendant does not constitute an order for compensation.
2. Summary of the grounds for appeal;