The judgment of the court below is reversed, and the compensation order against the applicant for compensation is revoked.

The defendant shall be sentenced to six months of imprisonment.

1. The main point of the grounds for appeal is that the lower court’s imprisonment (six months of imprisonment and the compensation order) is too unreasonable;

2. An order for compensation pursuant to Article 25 (1) of the Act on Special Cases concerning the Promotion, etc. of Ex officio Proceedings Concerning the Part of Order for Compensation is a system that intends to seek the recovery of damage suffered by a victim simply and promptly by issuing an order for compensation to the accused only when the amount of damage suffered by a victim is specified in the criminal act of the accused and the scope of the accused's liability for compensation is clear. According to Article 25 (3) 3 of the same Act, where the existence or scope of the accused's liability for compensation is unclear, an order for compensation shall not be issued, and in such case, an application for compensation

(see Supreme Court Decision 2012Do7144, Aug. 20, 2012). According to the records of this case, it is recognized that the applicant for compensation of the lower court prepared a written agreement to the effect that he/she agreed smoothly with the Defendant on November 1, 2019. The scope of the Defendant’s liability for compensation was not clear by the victim, who is the applicant for compensation of the lower court, agreed with the Defendant at the trial.

Therefore, the application for compensation order by the applicant for compensation by the court below should be dismissed, so this part of the judgment of the court below cannot be maintained any more.

3. The court below's decision on the grounds for appeal, as well as the circumstances properly explained in the grounds for sentencing, shall take into account the sentencing conditions shown in the argument of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the defendant's initial crime is recognized, the defendant's initial crime is the victim's agreement at the court, the defendant's life is flooded for more than two months due to the crime of this case, and the suspension of execution of imprisonment seems to be able to expect the improvement of the defendant's character and conduct.