The remainder of the judgment of the court below, excluding the rejection of an application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment.

Summary of Reasons for appeal

A. The punishment sentenced by the first and second depths of Defendant 1 (the first instance court’s judgment: January 8, 200; March 2) is too unreasonable.

(b)the sentence sentenced to the second instance judgment of the Prosecutor is too unhued and unreasonable;

2. Ex officio determination

A. We examine the judgment of the court below on the grounds of appeal by the defendant and prosecutor ex officio.

The facts constituting the crime of the judgment of the court below and the facts constituting the crime of the judgment of the court below in the judgment of the court below No. 2 are concurrent crimes in the former part of Article 37 of the Criminal Act, and one punishment shall be adjudicated simultaneously in accordance with Article 38 of the Criminal Act, as the respective cases of the judgment of the court below are merged in the first instance court. Thus, the court below

B. When the defendant, ex officio, filed an appeal against a conviction regarding the part of the order for compensation of the first instance court, the judgment of the court below pursuant to Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, even if the defendant does not object to the order for compensation, the final decision of the part of the order for compensation among the court below is prevented

According to the records, the defendant paid the amount of money acquired through deception to D among the applicants for the first core compensation in the trial, and can be recognized that he/she agreed with C, E, H, G, B, and I. Thus, it constitutes a case where the existence or scope of the defendant's liability for compensation against the above applicants in the judgment of the court of first instance is unclear and thus it is impossible to issue a compensation order.

Therefore, the part on the order for compensation for the first trial cannot be maintained any more.

3. The conclusion of the judgment below is that there is a ground for reversal under the above authority, and the part of the judgment below excluding the rejection of each application for compensation order among the judgment below pursuant to Article 364(2) of the Criminal Procedure Act without examining the unfair argument of sentencing between the defendant and the prosecutor is reversed, and the part of the compensation order among the judgment below of the court below of the first instance is based on Article 33(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings since there is a ground for revocation