The judgment of the court below (including the part of the compensation order) shall be reversed.

Defendant shall be punished by imprisonment for a term of two years and ten months.

seizure.

1. An applicant for the scope of adjudication in this Court shall not file an appeal against a judgment dismissing an application for compensation order (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits), and an application for compensation order shall become final and conclusive immediately.

The court below dismissed the application for compensation of C and D, which is the applicant for compensation, and confirmed simultaneously with the declaration that the above applicant for compensation was not dissatisfied with the order. Thus, the part of the court below's rejection of the above order for compensation among the judgment below shall be excluded from the scope of the

2. Summary of grounds for appeal;

A. In the lower court’s determination, the Defendant agreed with B, an applicant for compensation, and the lower court should have dismissed the application for compensation order filed by B.

Nevertheless, the lower court erred by misapprehending the legal doctrine that ordered the Defendant to compensate B.

B. The sentence imposed by the lower court (three years and six months of imprisonment) is too unreasonable.

3. Determination

A. The Defendant asserts that the lower court agreed with B as an applicant for compensation, in determining the misapprehension of the legal doctrine and ex officio determination of the compensation order.

However, according to the records, since it is apparent that the defendant and the above applicant for compensation have received a written agreement or a written application for non-taxation after the court below rendered a judgment, the defendant's assertion of legal principles based on the premise that the above applicant for compensation was agreed with

However, in cases where an appeal against a conviction is filed, the confirmation of a compensation order is prevented even without an objection to the compensation order, and the compensation order is transferred to the appellate court along with the accused case, so the part of the compensation order in the original judgment shall be examined ex officio.

According to the provisions of Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter referred to as the "Litigation Promotion Act"), where the existence or scope of liability of a defendant is unclear, a compensation order shall not be issued, and in such cases, pursuant to Article 32 (1) of the same Act.