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The defendant's appeal is dismissed.
Reasons
1. The sentence of the lower court (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. On the grounds of appeal, the Defendant reflects the instant crime, and there is no other criminal record except a suspended sentence of imprisonment with prison labor for larceny in 2003.
However, the amount of damage is about KRW 150 million, and the damage has not been recovered.
The defendant belongs to his age and family relationship, and acquired money over about 130 times as the defendant is married with the victim, and the victim seems to have suffered considerable mental damage as well as monetary damage in the process.
In addition, considering all other circumstances such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.
Therefore, the defendant's assertion is without merit.
3. Where an appeal is filed against a judgment of conviction on the part of the compensation order, the compensation order shall be transferred to the appellate court along with the case of the defendant (Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit). According to the record, the defendant filed an appeal against the judgment of conviction. However, although the defendant filed an appeal against the judgment of conviction, the reason for appeal regarding the part of the compensation order
Even if ex officio examination is conducted, the grounds for cancelling or amending the compensation order part of the judgment below may not be found.
Therefore, the judgment of the court below on the compensation order is maintained.
4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.