The defendant's appeal as to the defendant's case is dismissed.

The judgment below

Among the court below's compensation order B to the applicant B.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of 3 years and 6 months) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the court below on the grounds for appeal, and where the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The court below, as stated in the grounds for sentencing, determined a punishment in consideration of the circumstances favorable to the defendant, as well as the circumstances favorable to the defendant. The court below did not change the sentencing conditions of the court below on the ground that no new data was submitted in the trial, and there was no change in the sentencing conditions of the court below on the grounds of the defendant’s age, sexual behavior, environment, family relationship, circumstance and result of the crime, etc., and

shall not be recognized.

3. An order for compensation pursuant to Article 25(1) of the Act on Special Cases Concerning Promotion, etc. of Ex officio Proceedings Concerning the part of the order for compensation to the applicant B of the original judgment is an institution that intends to seek prompt and prompt recovery of damage to a victim by issuing an order for compensation to the defendant only when the amount of damage suffered by the victim of the criminal act is specified and the scope of the liability for compensation of the defendant is evident. According to Article 25(3)3 of the same Act, where the existence or scope of the liability for compensation of the defendant is unclear, the order for compensation shall not be issued, and in such a case, the application for the order for compensation shall be dismissed pursuant to Article 32(1) of the same Act (see Supreme Court Decision 2012Do7144, Aug. 20, 2012). In addition, as long as the defendant filed an appeal against the defendant, the application for the order for compensation is also appealed by the appellate court pursuant to Article 33(1) of the Act on Special Cases Concerning Promotion, etc. of Litigation.

The court below accepted the applicant B’s application for compensation and issued a compensation order.

However, as seen below.