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The judgment below
The part of the case (including the compensation order part) of the defendant, excluding the rejection part of the application for compensation, shall be reversed.
Reasons
1. The court below rejected and dismissed the applicant D’s application for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc., the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation. Thus, the above part of the judgment below became final and conclusive immediately (Provided, That Article 32(1)3 and (2) and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (the scope of liability for compensation is unclear, and it is not reasonable to issue an order for compensation in the criminal trial proceedings) is apparent that it is a clerical error, and it is corrected to add it pursuant to Article 25(1) of the Regulations on Criminal Procedure, which excludes the above part of the judgment below from the part of the case of the defendant among the part of the judgment below, and only the part of the judgment of the court in which the application for compensation was dismissed falls within the scope of the order for compensation of this court.
2. The decision of the court below (one year and six months of imprisonment) against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.
3. Determination
A. Determination on the grounds for appeal (the part of the case of the defendant) has many unfavorable circumstances against the defendant, as properly pointed out by the court below.
However, in the investigation agency and the court below, each victim and each victim SP No. 2, 4, 6, 7, 8, 9, 10, 11, 12, 15, 16, and 17 listed in the list of crimes listed in the annexed Table of crimes were fully recovered or agreed with the victim and the victim SP (hereinafter referred to as the "victim 3893 at the top of 2017"), and the victim N was partly recovered by paying 4 million won out of the amount of damage, 50,000 won out of the amount of damage to the victim NP, 5, 13, 14, and 18 were faithfully endeavored to recover damage, such as the victim H and the annexed list of crimes No. 1, 3,5, 13, 14, and 18 agreed with each victim, which can be evaluated as changes in sentencing conditions.