The judgment below

The remainder of the compensation order, excluding the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. No applicant for the scope of adjudication of this court shall file an objection against a judgment dismissing an application for compensation order;

(Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. The lower court rejected an application for compensation by an applicant for compensation, and with respect to this part, it became final and conclusive immediately because the applicant for compensation is not

Therefore, the dismissal part of the judgment of the court below is excluded from the scope of the judgment of this court.

2. The main point of the grounds for appeal is that of the lower court’s punishment (ten months of imprisonment) too unreasonable.

3. As to the grounds for appeal of this case, the amount of damage caused by the instant crime shall not be indicated as KRW 140,000,000.

However, the defendant recognized his mistake, had the time to reflect by living in prison for more than four months, and there is no criminal record.

In addition, when it comes to the trial, the victim is unable to punish the defendant by mutual consent with the victim.

In full view of such circumstances and other circumstances as the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, and the circumstances after the instant crime, etc., the sentence imposed by the lower court against the Defendant is somewhat unreasonable.

4. An applicant may not appeal against the judgment dismissing the judgment on the application for compensation in the trial at the trial, and may not make the same application for compensation again.

(Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits. (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits.). In December 10, 2019, the applicant filed an application for compensation order of KRW 11,370,000 at the lower court.

Nevertheless, on February 7, 2020, the applicant filed an application for compensation again in the court of first instance, which is the same as the above application for compensation that had been filed in the court of first instance.

Therefore, the application for compensation by the applicant for compensation made in the trial at the trial is unlawful as it is the same as the application for compensation rejected in the trial at the trial.

5. Conclusion, the defendant.