The defendant's appeal is dismissed.

An application for remedy by an applicant for remedy shall be dismissed.

1. The decision of the court below on the summary of the grounds for appeal (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no new circumstance to change the sentence of the lower court in the trial. Considering that the reasons for sentencing as stated by the lower court are the Defendant’s age, character and conduct, records of the crime, motive or circumstance of the crime, and the circumstances after the crime, the sentence imposed by the lower court was conducted within the reasonable scope of discretion.

3. Article 26(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings Concerning Compensation Application for Compensation provides that “The injured party may file an application for compensation under Article 25 with the court in which the case is pending before the closure of pleadings at the court of first instance or the court of second instance.” However, the applicant filed an application for compensation order with this court on November 13, 2020, which is after the date of closing of pleadings at the court of first instance.

Therefore, the application for compensation order filed by the applicant for compensation is unlawful and dismissed in accordance with Article 32 (1) 1 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

4. In conclusion, the defendant's appeal is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and since the application for remedy order filed in the trial court is unlawful, it is so decided as per Disposition.