The defendant's appeal is dismissed.

The judgment below

Among them, the compensation order against C shall be revoked.

C-, an applicant for compensation by the court below.

1. The sentence of the lower judgment (two years of imprisonment, confiscation) is too unreasonable in light of the following: (a) agreement with the victim C on the gist of the grounds of appeal; (b) there is no history of criminal punishment; and (c) the circumstances of the crime.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the Defendant considered the circumstances agreed with the victim C in the trial of the party branch, there is no meaningful change in the sentencing conditions compared to the original judgment, and in full view of all the reasons for sentencing indicated in the records of the instant case, the lower court’s sentencing is too too unreasonable, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

3. When the defendant, ex officio, files an appeal against a conviction of conviction against C’s application for compensation, the compensation order is transferred to the appellate court along with the defendant’s case pursuant to Article 33(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, even if there is no objection

According to the records, the defendant is acknowledged to have reached an agreement with C which is an application for compensation by the court below. Since the existence or scope of liability for compensation against C which is an application for compensation by the defendant in the court below is not clear, the compensation order against C among the judgment below became impossible to maintain any more.

4. The defendant's appeal is without merit and is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. The compensation order against C among the judgment below is revoked in accordance with Article 33 (4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and dismissed in accordance with Articles 32 (1) 3 and 25 (3) 3 of the same Act. It is so decided as per Disposition.