2016 initially 256 Application for a compensation order

An application for remedy by an applicant for remedy shall be dismissed.

The sentence of the court below (two years of suspended execution for six months of imprisonment, community service) is too unfluent and unfair.

2. Determination

It is recognized that the Defendant, jointly with B, inflicted an injury that is not less than six weeks of the 6th century on the victim, and that the victim’s wife wants to punish the Defendant. However, the lower court deposited KRW 2 million for the victim along with B, and the Defendant did not have any record of having been punished for violent crimes since 2005, and is not in a state of health with alcohol dependence. In addition, in full view of all the sentencing conditions in the instant case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to be an extent that the lower court’s sentencing should be reversed because it is too unreasonable.

3. Conclusion

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the prosecutor's appeal is dismissed in accordance with Article 364 (1) 3 and Article 25 (3) 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (if the existence or scope of liability for compensation is unclear, it shall be applicable to the case). It is so decided as per Disposition.

Judges Yu Byung-ho

Reinforcement of Judges