The judgment below

The part of the compensation order shall be reversed, and the application for compensation of this case shall be dismissed.

The remaining appeals are dismissed.

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the court below in light of the evidence, the court below is just in finding the defendant guilty of the facts charged of this case on the grounds as stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors of exceeding the bounds of the principle of free evaluation of evidence in violation of logical

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only where the court below rendered a sentence of death or imprisonment with or without prison labor for life or for not less than ten

Therefore, in this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable cannot be a legitimate ground for appeal.

2. According to the record as to an order for compensation, the applicant for compensation (hereinafter “applicant”) filed an application for compensation in the first instance court, and the first instance court found the Defendant guilty of the facts charged and rendered a sentence of one year and three months of imprisonment, and rejected the above application for compensation. The Defendant appealed against the first instance court and filed an appeal, and the applicant filed an application for compensation again in the lower court, and the lower court reversed the first instance court’s judgment ex officio on the grounds of changes in the indictment, and found the Defendant guilty of the facts charged, and sentenced the Defendant to a compensation order of KRW 171,750,130, the amount acquired by deception of the Defendant, while sentenced to one year and three months of imprisonment.

However, an applicant cannot appeal against the judgment dismissing an application for compensation or accepting a part thereof, and cannot file the same application for compensation again.

(Article 32(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Article 32(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). Since an applicant's application for compensation has been dismissed in the first instance court, the applicant cannot make the same application

Nevertheless, the court below held the above.