The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The judgment below

Of them, compensation order.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and three months) imposed by the court below is too unreasonable.

2. Determination

A. It is very poor that the method of the instant crime is planned and organized to determine the grounds for appeal by the Defendant, and its nature is very poor.

However, the defendant shows the attitude of recognizing and opposing the crime of this case, and the defendant has reached the judgment of the court, which led to the smooth agreement with the victim of the crime of aiding and abetting the crime of this case, and the frequency of the crime of this case has been limited to once and has no same criminal record.

Considering the above circumstances comprehensively taking into account the various sentencing conditions shown in the instant pleadings, such as the Defendant’s age, character and conduct, family relationship, and environment, the lower court’s sentence is somewhat unreasonable.

Therefore, the defendant's assertion on this is justified.

B. When the defendant, ex officio, files an appeal against a conviction, the compensation order under 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 compensation order, is transferred to the appellate court along with the defendant's case.

The judgment below

As to the part of the compensation order, the applicant for compensation in the court below accepted KRW 2.5 million from the defendant under the pretext of agreement, and agreed that the defendant and the defendant were fully punished. The applicant for compensation submitted an agreement and a written application for non-taxation to the effect that "the defendant does not want criminal punishment, and the defendant's wife does not challenge the defendant's wife." As such, the existence or scope of the defendant's compensation liability against the applicant for compensation in the court below is not clear, the part of the compensation order in the court below was no longer upheld

3. Conclusion

A. Accordingly, the part of the judgment below regarding the defendant's appeal is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again through pleading as follows.