The defendant's appeal is dismissed.

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 an application for compensation order among the judgment of the court of first instance shall be excluded from the scope of this court.

2. Determination on the grounds for appeal

A. The sentence of the first instance judgment (10 months of imprisonment) against the accused in 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 major circumstances unfavorable to the Defendant specifically indicated in the judgment of the first instance court, the sentence of imprisonment with labor for a considerable period of time is inevitable.

Furthermore, the circumstances alleged by the defendant are deemed to have been sufficiently considered as the grounds for sentencing of the judgment of the court of first instance, and there is no change in the sentencing conditions compared with the judgment of the court of first instance because new sentencing data are not submitted in the

In addition, considering the following circumstances, the sentencing of the court of the first instance cannot be deemed unfair because it goes beyond the reasonable scope of discretion, considering the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence of the offense, and the circumstances after the offense.

3. The appeal by the defendant is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.