The defendant's appeal is dismissed.

The judgment below

The part of the compensation order shall be revoked.

The defendant.

1. The decision of the court below against the defendant on the summary of the reasons for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court in determining the grounds for appeal by the defendant, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, as indicated in its reasoning, determined the punishment in consideration of the circumstances favorable to the defendant, which are favorable to the defendant, recognized the crime of this case, and reflects the fact that there is no criminal record or criminal record of the same kind or suspension of execution, and all the circumstances alleged by the defendant on the grounds of appeal

In light of the Defendant’s age, sexual behavior, environment, family relationship, records of crime, criminal records, motive, means and consequence of crime, circumstances after the commission of crime, etc., it is difficult to find any special change in circumstances that may change the sentence of the lower court at the time of the trial [the following increase in the amount recognized to have been repaid by the Defendant, which only appears to be a mistake or omission in simple calculation, and cannot be deemed to fall under the change in circumstances in the trial at the time of the trial]. In full view of various circumstances, considering the Defendant’s repayment amount of the corrected Defendant’s repayment amount, the lower court’s punishment against the Defendant is too unreasonable merely because it goes beyond the reasonable scope of its discretion.

Therefore, the defendant's argument that the above sentencing is unfair is without merit.

3. Determination ex officio on the part of the compensation order

A. As long as the Defendant filed an appeal against the Defendant’s case, the case applying for a compensation order pursuant to Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings is also transferred to the appellate court, and even if the lower judgment is maintained in the appellate court, the lower court’s order for compensation may be revoked or revised (Article 33(4) of the same Act