The judgment below

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

Defendant shall be punished by imprisonment for eight months.

1. The lower court rejected an application for compensation filed by the applicant for compensation by the lower court, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation order pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Therefore, the foregoing dismissed part was finalized as is.

Therefore, among the judgment of the court below, the rejection of the above compensation order is excluded from the scope of the trial of this court.

2. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

3. We examine the defendant's grounds for appeal ex officio prior to the judgment.

On July 24, 2020, the prosecutor added "the defendant was sentenced to two years of imprisonment with prison labor at the Seoul Central District Court on July 24, 2020, and the judgment became final and conclusive on August 1, 2020" to "Articles 37 and 39 (1) of the Criminal Act" as the applicable provisions of the Act are clearly omitted. Since the prosecutor's application for changes to a bill of amendment to a bill of amendment to a bill of amendment to add "Articles 37 and 39 (1) of the Criminal Act" to "Article 37 and Article 39 (1) of the Criminal Act is clearly added to the charges of this case at the trial, it is obvious that the above court permitted this, and the remaining part of the judgment below excluding the rejection of the application for compensation order as to the change to the subject of the judgment, cannot be maintained as it is. Accordingly, since the court below's decision on the grounds of ex officio reversal other than the rejection of the application for compensation order among the judgment below's decision on the grounds of unfair sentencing is reversed.