The judgment below

The remainder, other than the dismissed part of the application for compensation, shall be reversed.

Defendant shall be punished by imprisonment for a period of one and half years.

1. Summary of grounds for appeal;

A. The lower court’s punishment (three years of imprisonment) against the Defendant (unfair sentencing) is too unreasonable.

B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. Determination

A. The sum of the amount of damage for the reasons of appeal is large to the extent that the amount of damage would exceed KRW 400 million, the defendant has several records of punishment for the same crime, the victim reached an agreement with the victim N and D in the trial, but the victim did not seem to have realized and substantially recovered a significant portion of the amount of damage, and the creditor who acquired the claim against the defendant from the victim N wanting a strict punishment against the defendant.

On the other hand, in full view of the favorable circumstances such as the Defendant’s confession and reflect of all criminal facts in the first instance trial, the Defendant agreed to the victim C, K and the first instance court, the full repayment of the amount of damage to Q, the Defendant agreed to the victim N, D and the first instance court, the Defendant’s deposit of KRW 10 million for the victim D, and other circumstances that are conditions for sentencing as shown in the records, such as the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment seems to be somewhat unreasonable, and thus, the Defendant’s unfair argument for sentencing is reasonable, and the prosecutor’s argument for sentencing is without merit.

B. The remedy order pursuant to Article 25(1) of the Act on Special Cases Concerning the Establishment, etc. of Legal Proceedings, etc. of Ex officio as to the part of the remedy order, is an institution that intends to seek the recovery of damage suffered by the victim simply by ordering the compensation to the defendant only when the amount of direct property damage suffered by the victim of the criminal act is specified and the scope of the defendant's compensation liability is evident. Under Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the defendant is a person who is the defendant