The defendant's appeal is dismissed.

The court of the first instance of the applicant for compensation shall dismiss the application for compensation.

1. No applicant for the scope of adjudication of this court shall file an objection against a judgment dismissing an application for compensation order;

(Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). The court of first instance rejected the application for compensation by the applicant for compensation, and with respect to this part, it became final and conclusive immediately because the applicant for compensation is not

Therefore, the rejection of the application for compensation among the judgment of the court of first instance is excluded from the scope of this court.

2. Determination on the grounds for appeal

(a) The punishment of the first instance judgment (one year of imprisonment) against the accused against the summary of the reasons for appeal is too unreasonable;

B. 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 is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the following are the circumstances favorable to the Defendant: (a) the Defendant recognized the crime and expressed his/her intent to reflect; (b) part of the amount of damage was repaid; and (c) the Defendant appears to have a family member to support the Defendant.

However, in light of the means of deception and the amount of damage, most of the damage amount was not recovered, and the victim wanted to be punished.

Furthermore, in full view of various circumstances, including Defendant’s age, character and conduct, environment, motive, background, means and consequence of the crime, and circumstances after the crime, there is no change in the sentencing conditions compared with the first instance court as the new sentencing materials have not been submitted in the trial, and the sentencing of the first instance court is deemed unfair because the sentencing of the first instance is excessively unreasonable beyond the reasonable scope of discretion.

3. The applicant may not appeal against the judgment dismissing the judgment on the application for compensation in the trial at the trial, and may not appeal again.