The judgment below

The part of the case of the defendant and the part of the compensation order against the applicant C, respectively, shall be reversed.

Defendant .

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (short-term eight months of imprisonment and maximum one year of imprisonment) is too unreasonable.

2. In light of the reasoning of the Defendant’s appeal ex officio and the record, prior to the judgment on the reasoning of the judgment ex officio, the Defendant was a DNA student, and the Defendant was a juvenile as provided in Article 2 of the Juvenile Act at the time the judgment of the lower court was rendered, but the Defendant became an adult at the time of the judgment of the lower court, so the judgment of the lower court

3. In conclusion, the judgment of the court below is reversed among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

In addition, according to the written agreement bound in the court records, the court below's compensation applicant C may recognize the fact that the applicant C submitted a written agreement with the defendant and the defendant's intention not to have the defendant punished. Thus, pursuant to Article 33 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the part of the compensation order against the applicant C among the judgment below's judgment is revoked (defeit) and pursuant to Article 32 (1) 3 and Article 25 (3) 3 of the same Act, the applicant C's compensation application is dismissed.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 25 (1), 31 (1), 31 (2), and 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution;

1. Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an order for compensation;