The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. In the process of the instant crime, the fact that the nature of the crime is not good, such as correcting the record of medical examination and treatment or destroying the place of receipt, and the fact that the victim did not agree with the victim is disadvantageous.

On the other hand, the defendant is the first offender, and the defendant paid 5.1 million won to the victim in this court and partly repaid the money embezzled (the defendant asserts that he has repaid the money embezzled with unpaid benefits and retirement allowances, but the materials submitted by the defendant alone are difficult to specify the amount of unpaid benefits and retirement allowances, and there is no evidence to deem that the said money was treated as having been repaid to the victim) are favorable circumstances.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, background of the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is deemed unreasonable and inappropriate. Therefore, the Defendant’s assertion is with merit.

3. When the defendant, ex officio, files an appeal against a conviction against a request for compensation order, the compensation order is transferred to the appellate court along with the defendant's case pursuant to Article 33 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, even if the defendant does not object to the compensation order, so the part of the compensation order against the applicant

In this court, it is judged that the existence or scope of liability for damages is not clear by partially repaying the money embezzled by the defendant to the applicant for compensation who is the victim.

Therefore, among the judgment below, the compensation order part against the applicant for compensation cannot be maintained as it is.

4. Accordingly, the defendant's appeal is with merit. Accordingly, pursuant to Article 364 (6) of the Criminal Procedure Act, the part concerning the prosecuted case among the judgment below is reversed, and the compensation order against the applicant for compensation among the judgment below.