The defendant's appeal is dismissed.

The defendant shall pay 240,000 won to the applicant for compensation in the trial.

3.2

1. The decision of the court below on the summary of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment in consideration of the unforeseen circumstances, and there is no new

In full view of all other circumstances that are the conditions for sentencing as shown in records and pleadings, the lower court’s sentence cannot be deemed to be unfair because it goes beyond the scope of reasonable discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

Meanwhile, according to the evidence duly adopted and investigated, the defendant can recognize the fact that the defendant acquired 240,000 won from the applicant for compensation, so the defendant is obligated to pay 2,40,000 won to the applicant for compensation.

Therefore, in accordance with Article 25(1), Article 31(1), Article 21(2), and Article 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, compensation order is