The judgment below

The remainder, excluding the part of the application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment for a period of two years and six months.

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

2. The lower court rejected an application for compensation order against the Defendant of the applicant C (the initial 476th 2015). The applicant for compensation cannot be dissatisfied with the judgment dismissing the application for compensation application pursuant to Article 32(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. Therefore, this part is excluded from the scope of the judgment of this court.

3. Before making a judgment on the grounds for an ex officio appeal, the prosecutor applied for changes in the part of Article 5-4(5) and Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes to “Article 5-4(5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes” in the applicable law to the defendant in the trial before the judgment on the grounds for the ex officio appeal, and the judgment of the court below is no longer maintained as the case was changed by this court's permission.

4. In conclusion, the judgment of the court below is reversed, without examining the defendant's unfair argument of sentencing, and the remaining part of the judgment below excluding the part of the application for compensation order among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act is reversed and it is decided as follows through pleading.

However, from the application of the law of the court below, it is clear that the entry "1. confiscation" was omitted from the "Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Dismissal of Application for Compensation, Vitalization of Litigation, etc. (the scope of Defendant Person's liability for compensation is unclear and it is not reasonable to issue an order for compensation)" following the "1." Thus, it is corrected ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act concerning facts constituting an offense;