All appeals filed by the defendant and prosecutor are dismissed.

An application for compensation filed by an applicant for compensation in the trial of the party shall be dismissed.

1. The defendant asserts that with respect to the punishment (one year and six months of imprisonment) declared by the court below, the prosecutor is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In light of the following: (a) there is no new circumstance to change the sentence of the lower court in the trial; and (b) the grounds for sentencing as stated by the lower court are as follows: (a) comprehensively taking into account the Defendant’s age, character and conduct, criminal records, motive or circumstance of the crime, and the circumstances after the crime, the sentence imposed by the lower court was conducted within the reasonable scope of discretion; and (c) the punishment imposed by the lower court is

3. According to the records of the judgment on the application for compensation by the applicant for compensation at the trial court, on December 20, 2019, the applicant for compensation at the trial applied for compensation of KRW 49 million against the defendant (the Busan District Court Seosan Branch Branch Branch of the District Court) which ordered the payment of KRW 49 million by defraudation against the defendant, and on February 13, 2020, the applicant again applied for compensation at the same time (the Busan District Court Branch of the Busan District Court 2020 early 400).

However, there is no objection against the judgment dismissing an application or accepting a part thereof, and the same application for compensation cannot be filed again.

(Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Therefore, since the instant application for compensation is unlawful, it shall be dismissed in accordance with Article 32(1)1 and (2) of the Act on Special Cases Concerning the Promotion, etc

4. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and since the application for compensation filed by the applicant for compensation at the trial is unlawful, it is so decided as per Disposition.