The defendant's appeal is dismissed.

The court below rejected the application for compensation order filed by the applicant for compensation, recognizing the accused guilty of charges.

However, according to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation fails to file an appeal against a judgment dismissing the application for compensation order. Therefore, the rejection part of the above application for compensation order

Therefore, the rejection of an application for compensation order among the judgment of the court below is excluded from the scope of this court.

2. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

3. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the sentencing determination in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Defendant recognized the instant crime.

The defendant is an initial offender who has no criminal power.

However, the amount of damage caused by the instant crime was about KRW 170 million and most damage was not recovered to the name, and there was no circumstance in which the Defendant actively endeavored to recover from damage.

There is no change in the circumstances that may change the punishment of the court below in the trial.

Considering the above circumstances and the sentencing conditions, such as character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentence cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion.

4. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.