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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The court below rejected the application for compensation by the applicant for compensation, and since the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the above application for compensation became final and conclusive immediately, the part of the court below's rejection of the above application for compensation in the judgment below is excluded from the scope of the judgment of this court
2. The summary of the grounds for appeal (three years of imprisonment) of the lower court is too heavy or unreasonable.
3. Determination
A. The sentencing guidelines established by the Sentencing Committee based on Articles 81-2 and 81-6 of the Act on the Organization of Courts for the Determination of Sentencing (hereinafter “Sentencing guidelines”) are “reasonable, concrete, and objective setting” through the “procedures prescribed by the Act” in order to realize “fair, objective sentencing that makes citizens trust,” and “public disclosure”. Judges shall respect the type of punishment chosen and determine the sentence (see Articles 81-2 through 81-12 of the Court Organization Act). In a case where a court intends to enter the grounds for sentencing in the written sentencing upon a judgment deviating from the sentencing guidelines, it shall enter the grounds in a manner that expresses the relevant sentencing in a reasonable and persuasive manner, taking into account the factors, effects, etc. of the sentencing guidelines (see, e.g., Supreme Court Decision 2010Do7410, Dec. 9, 2010).
(c)
The court below's decision and its propriety, and the defendant's additional deposit for the victimized company in the court below's decision, and the defendant's total amount of 30 million won, are clearly expressing the intent of the victimized company to refuse to accept it, and the defendant's argument is made up to the trial.