상해등
The defendant's appeal is dismissed.
An applicant for compensation shall be dismissed.
1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.
2. 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 does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Although the Defendant’s mistake is against himself/herself and agreed with the victim of the crime of interference with business, the degree of damage suffered by the victim D is heavy and the victim wants to punish himself/herself, the Defendant has been punished several times due to suspended sentence for the same crime, and the crime of this case is in the relationship between the first head of the crime in the judgment below and the latter part of Article 37 of the Criminal Act, and the equity between the case to be judged concurrently is to be considered in the relationship between the first crime and the latter part of Article 37 of the Criminal Act. In full view of all the sentencing conditions of this case, it is not recognized that the sentence of the court below is too unreasonable.
3. The applicant filed a claim for compensation for damages in total of KRW 16,671,280, such as treatment costs, daily profit, consolation money, etc., because he/she sustained an injury from the Defendant.
However, the defendant is arguing about the scope of compensation, and there is no objective data to determine the scope of medical expenses, lost profit, and consolation money which the applicant for compensation in the record.
Therefore, the application for compensation order of this case constitutes a case where it is not reasonable to issue a compensation order because the scope of compensation is unclear.
4. As such, the Defendant’s appeal is without merit and thus dismissed pursuant to Article 364(4) of the Criminal Procedure Act. The application for remedy order by the applicant for compensation is dismissed pursuant to Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.