The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. The lower court rejected the application for compensation filed by K, the applicant for compensation, the applicant for compensation, M, and N, respectively, pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and thus, the part which rejected the application for compensation order was immediately finalized.

Therefore, the rejection of an application for compensation order among the judgment of the court below is excluded from the scope of the trial of the party.

2. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

3. In light of the Defendant’s age, character and conduct, environment, the background and motive leading to the instant crime, and other circumstances that form the conditions for sentencing as shown in the instant records and arguments, the lower court’s punishment is deemed unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

4. As such, the defendant's argument of unfair sentencing is with merit, and the judgment of the court below is reversed and it is decided again as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

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