1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. A. Around June 2015, the Defendant purchased an insurance policy from the victim B (hereinafter “the deceased”) who made a high-franking arrest, and had the deceased die with the consent of the deceased at the end of Jan. 2015, the Defendant subscribed to a nursing insurance policy for approximately KRW 2.80,000 of monthly insurance premium with the deceased and the beneficiary as the Defendant, who is the beneficiary, for the death of the deceased, was designed to receive KRW 400,000 as a lump sum. On April 5, 2015, the Defendant was charged with murdering that “When the deceased died with her head, etc. on about 17 occasions, the deceased killed the deceased by causing her death with multiple hair damage” as the charge of murder.

(Seoul District Court 2015Gohap241). (b)

Although the Defendant did not kill the Deceased and actively disputed the facts charged, on November 27, 2015, the Daegu District Court found the Defendant guilty of the facts charged and sentenced the Defendant to imprisonment for life.

Therefore, both the Defendant and the Prosecutor appealed (Seoul High Court 2015No663). However, all appeals were dismissed on May 26, 2016, and the Defendant appealed (No. 2016Do8614) but the said judgment became final and conclusive on August 24, 2016.

C. On August 26, 2016, the father C of the deceased applied for payment of the criminal injury relief fund to the Plaintiff as a bereaved family member under Article 18(1) of the Crime Victim Protection Act. On September 20, 2016, the Plaintiff decided to pay KRW 23,180,520 of the criminal injury relief fund to C pursuant to Article 16 of the Crime Victim Protection Act, and paid KRW 23,180,520 to C on September 26, 2016.

On September 27, 2016, the Plaintiff notified the Defendant of the amount equivalent to the above relief fund by October 30, 2016 based on Article 21 of the Crime Victim Protection Act.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 5 (including each number), the purport of the whole pleadings

2. Determination

(a)in the original civil judgment;