The defendant's appeal is dismissed.

1. Where an appeal against a judgment of conviction in the scope of adjudication by this Court is filed, the confirmation of a compensation order shall be prevented, 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). In addition, an applicant may not file an appeal against the judgment dismissing an application for compensation or admitting a part thereof.

(Article 32(4) of the same Act. The lower court partially accepted the application for a compensation order filed by B, which is an applicant for compensation, and rejected the remainder. As to this part, the applicant cannot file an objection, and thus, the part of the lower judgment dismissing the application for compensation among the lower judgment is excluded from the scope of the trial of this Court.

Meanwhile, although the defendant filed an appeal against the judgment below, and the part accepting the compensation order against the applicant for compensation by the court below is deemed to have appealed, the part accepting the compensation order among the judgment below is also deemed to have been appealed. However, in the petition of appeal and the statement of grounds of appeal submitted by the defendant and his defense counsel, there is no indication of the grounds for appeal regarding the cited part of the compensation order, and even if examined ex officio, there is no

2. The sentence imposed by the court below (eight months of imprisonment) 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, the circumstances alleged by the Defendant as an element of sentencing were revealed in the hearing process of the lower court and sufficiently considered. There was no particular change in the situation that is the condition of sentencing after the sentence of the lower judgment.

There is a family to support the defendant, and the spouse is against the defendant.