The judgment below

The conviction part among the judgment below is reversed, and the compensation order part against B and D, respectively, is reversed.

1. Scope of the judgment of this court;

A. The lower court dismissed the prosecution against assault and assault among the facts charged in the instant case, and sentenced the remainder of the facts charged guilty (including the acquittal part in the grounds of appeal), and the prosecutor appealed with respect to the guilty part, and as the prosecutor appealed with respect to the acquittal part in the grounds, the dismissal part of the prosecution that the Defendant and the prosecutor did not appeal

B. An applicant for compensation is not entitled to file an appeal against a judgment dismissing the application for compensation order (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), and the case applying for compensation order shall be finalized immediately.

The court below rejected the application for compensation order filed by C, an applicant for compensation, which is the court below, and confirmed simultaneously with the decision of the court below, since C, an applicant for compensation, is not dissatisfied with this part, the part of the court below's decision dismissing the application for compensation order filed by C, an applicant for compensation, shall be excluded

C. Therefore, this Court's judgment is remanded to the appellate court along with the defendant's case, except the dismissed part of the judgment of the court below and the remainder of the judgment dismissing the application for compensation order by C which is the applicant for compensation of the court below.

Article 33 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings) and C's application for compensation, which is an application for compensation at the trial.

2. Summary of grounds for appeal;

A. Public prosecutor: In light of the loan certificate drawn up with a loan of KRW 140,00,000,000 for the portion not guilty of the reasons, even though the defendant acquired a claim equivalent to KRW 140,000 from the victim C by acquiring the claim of KRW 140,000 from the victim C around July 2018, it can be recognized that the defendant acquired property benefits equivalent to the above amount, the defendant is equivalent to KRW 70,000 from the victim.