The judgment below

The remainder, excluding the part of the compensation order, shall be reversed.

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

1. Where an appeal against a judgment of conviction in the scope of adjudication by this Court is filed, the confirmation of a compensation order shall be prevented, and the compensation order shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings). In addition, an applicant may not file an appeal against the judgment dismissing an application for compensation or admitting a part thereof.

(Article 32(4) of the same Act. The court below partially accepted an application for compensation by an applicant for compensation, dismissed the remainder, and the above dismissed part was immediately finalized as the applicant cannot file an objection against the dismissed part, and thus the above dismissed part in the judgment below's rejection of application for compensation is excluded from the scope of the judgment of this court.

Meanwhile, although the defendant filed an appeal against the judgment of the court below pursuant to Article 33 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the cited portion of the compensation order shall be deemed to have also been appealed. However, in the petition of appeal and the statement of grounds of appeal submitted by the defendant and his defense counsel, there is no indication of the grounds for appeal regarding the cited portion of the compensation order among the judgment below, and even if ex officio examination is conducted,

2. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

3. Determination: (a) the Defendant had a record of having already been subject to juvenile protective disposition several times due to the same criminal conduct, such as special theft, fraud, and violation of the Road Traffic Act (unlicensed driving), and three times of punishment (two times of fine, one time of imprisonment (one time of suspended execution)). In particular, on July 10, 2018, the Defendant was sentenced to a suspended sentence of two years of imprisonment and a probation order at the Busan District Court on June 18, 2018 and was sentenced to a suspended sentence of two years of imprisonment and on July 18, 2018, and committed multiple crimes of this case during the suspended execution period for two months.