The defendant's appeal is dismissed.

The defendant is the Z of KRW 5,300,000, and the defendant is the applicant for compensation.

1. The part of the compensation order for B, an applicant for compensation, shall be deemed to have also been appealed pursuant to Article 33(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings by filing an appeal against the judgment below. However, even if the defendant and his defense counsel did not state the grounds for appeal regarding the part of the compensation order among the judgment below in the petition of appeal and the statement of grounds of appeal submitted by them, and even if ex officio is examined, the part of the judgment below regarding the compensation order for

2. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

3. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in sentencing conditions compared with the lower court’s failure to submit new sentencing data in the trial following the lower court’s pronouncement. In full view of the factors of sentencing, including the Defendant’s age, character and conduct, environment, motive for committing the crime, circumstances after committing the crime, etc., the lower court’s sentencing is too remote and does not seem to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion is without merit.

4. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit and is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and each application for compensation order by the Z is with merit, and therefore, Article 25 (1), Article 31 (1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. is ordered to pay KRW 5,300,000 to the defendant who is the applicant for compensation, and KRW 3,50,000, respectively, to the Z which is the applicant for compensation.