상해
The defendant's appeal is dismissed.
The defendant shall pay 32,300 won and solatium 1,50,000 won to the applicant for compensation.
1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unreasonable. The punishment (amounting to KRW 3,000,000) is too unreasonable.
2. Examining no change of circumstances after the judgment of the court below regarding the reasons for appeal, and comparing the conditions of sentencing as shown in the records and arguments of this case with the reasons for sentencing, the court below’s punishment is too unreasonable even considering the circumstances asserted by the defendant on the grounds of appeal.
3. The record reveals that the defendant's crime of injury against the applicant for compensation is guilty. The damage of the applicant for compensation can be recognized to be KRW 332,300,00. The consolation money of the applicant for compensation is reasonable in light of the part and degree of the injury in this case and the treatment process of the applicant for compensation. Thus, pursuant to Articles 25(1)1, 31(1), 31(2), and 31(3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the defendant shall be ordered to pay KRW 32,30,00 and KRW 1,50,000 for the above medical expenses and KRW 1,50,000 for consolation money.
Meanwhile, the applicant also sought compensation of KRW 200,000 for the cost of issuing a medical certificate. However, this cannot be deemed as direct physical damage or medical expenses incurred due to the instant criminal act, and thus, the above part of the application is rejected.
4. In conclusion, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and the defendant's application for compensation order shall be ordered to order compensation and provisional execution as above. It is so decided as per Disposition.