According to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation is unable to file an appeal against the judgment dismissing the application for compensation. Therefore, the rejection part of the application for compensation was immediately finalized.

Therefore, among the judgment below of the court below Nos. 1 and 3, the rejection part of the application for compensation is excluded from the scope of trial.

2. Summary of reasons for appeal;

A. The sentence of the lower court (the first instance court: 3 years of imprisonment; the second instance court: 4 months of imprisonment; and the third instance court: 5 years of imprisonment) is too unreasonable.

B. The lower court’s sentence Nos. 1 and 3 of the Prosecutor is too unhued and unreasonable.

3. As to the entire judgment of the court below, the prosecutor filed an appeal against the judgment of the court below Nos. 1 and 3, respectively, and the court decided to hold concurrent hearings of the appeal cases.

Since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, a sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the remainder of the judgment of the court below excluding the rejection of an application for compensation order among the judgment of the court below 1 and 3 excluding the dismissal of an application for compensation order

4. The remaining parts of the judgment of the court below Nos. 1 and 3, excluding the rejection of the application for compensation order, and the judgment of the court below No. 2, since there are grounds for reversal ex officio as above, the court below reversed all of them pursuant to Article 364 (2) of the Criminal Procedure Act without examining both parties' unfair claims for sentencing, and decided again as follows.

Criminal facts

The summary of the judgment of the court below is as follows.

Application of Statutes

1. Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1) of the Criminal Act (hereinafter referred to as "victim D andO"), Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act (hereinafter referred to as "victim C, E, AY,Y, and Z"), respectively, are applicable to the crime, and the choice of punishment, respectively.