The judgment below

The defendant's appeal concerning the part of the defendant's case is dismissed.

The judgment below

Part of the compensation order.

1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the Defendant committed the instant crime in the course of admonishing the victim in the state of detention; (b) the Defendant supported the spouse and the victim for eight years; and (c) paid medical expenses and consolation money to the victim in the amount of KRW 5.6 million, etc.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle as to the grounds for appeal, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, compared to the first instance court, there is no change in the conditions of sentencing, and the first instance court’s sentencing does not deviate from the reasonable scope

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the factors indicated in the records of this case, the lower court’s sentencing is too unreasonable to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. Where an appeal is filed against a judgment of conviction regarding an ex officio determination of a compensation order, the confirmation of a compensation order shall be prevented even without an objection to the compensation order, and the compensation order shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). We examine ex officio the part that cited the compensation order

Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides that an order for compensation pursuant to Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings shall be a system in which the amount of direct property damage suffered by a victim of a criminal act of a defendant is specified and the scope of the defendant's liability is clear, thereby promoting the simple and prompt recovery