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The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
except that this shall not apply.
Reasons
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. In full view of all the circumstances indicated in the record, including the Defendant’s age, character and conduct, environment, background of the crime, circumstances after the crime, etc., the lower court’s punishment seems to be too unreasonable, since it seems that the Defendant’s assertion is too unreasonable, as it appears that the Defendant’s punishment is too unreasonable.
3. When the defendant, ex officio, files an appeal against a conviction of a conviction among the judgment below, the compensation order is transferred to the appellate court along with the defendant's case pursuant to Article 33 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, even if the defendant does not object to the compensation order, and thus, the part of
Upon receiving an application for compensation order filed by a victim at the time of sentencing, the lower court acknowledged that “the Defendant shall pay the applicant for compensation money of KRW 70,900,000 to the applicant for compensation,” but according to the records, the Defendant shall pay KRW 2 million to the victim on June 14, 2019, which was following the pronouncement of the lower judgment, and shall pay KRW 1 million to the victim on the last day of every 68 months from July 2019 to February 31, 2025, and agreed with the victim on the condition that KRW 90,000,000 shall be paid as of the last day of every month during the period from July 2019 to February 2025. Therefore, it is not reasonable to grant compensation order as the scope of the Defendant’s liability to the applicant for compensation is not clear, and thus, the part of the lower judgment
4. Accordingly, the part of the judgment of the court below regarding the defendant's appeal is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and there is a ground for revocation prior to the order for compensation among the judgment below.