특수상해
The prosecutor's appeal is dismissed.
An application for remedy by an applicant for remedy shall be dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with labor for six months, one year of suspended execution, and 80 hours of community service order) of the lower court is deemed to be too uneasible and unfair.
2. Determination
A. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even in light of the materials submitted at the trial court, there is no significant change in the sentencing conditions compared to the lower court’s judgment, and comprehensively considering various circumstances that form the conditions for sentencing specified in the record and pleading of the instant case, the lower court’s sentencing is too unhued so far as it exceeds the reasonable scope of discretion.
Therefore, the prosecutor's assertion of unfair sentencing is without merit.
B. In the judgment of the court below regarding the application for compensation, the applicant sought payment of 2 million won to the defendant as medical expenses and consolation money, but it is not reasonable to issue an order for compensation in the criminal procedure because the scope of the defendant's liability for compensation against the applicant for compensation is not clear. Thus, the applicant for compensation cannot be accepted.
3. In conclusion, the prosecutor's appeal is without merit. The prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and the applicant for compensation is dismissed pursuant to Article 32 (1) 3 and Article 25 (3) 3 and 4 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.