The prosecutor's appeal is dismissed.

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

1. The sentencing of the lower court (one year of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is deemed to be too uncomfortable and unfair.

2. In light of the following circumstances: (a) the degree of injury of the victim of the instant case was not somewhat weak; (b) the Defendant, while under the influence of alcohol, committed the instant crime on a contingent basis against the victim who was diving; (c) the Defendant’s wife and her wife, support the victim; (d) the Defendant deposited KRW 2 million for the victim at the time of the trial; and (e) other various circumstances, which are the conditions for sentencing specified in the instant records and arguments, such as the motive and circumstance of the instant crime; (e) the circumstances after the instant crime; (e) the Defendant’s age, character and conduct; and (e) the Defendant deposited KRW 2 million for the victim at the time of the trial; and (e) the sentencing of the lower court is deemed appropriate.

In addition, regarding the application for a compensation order added in the trial of the party, the victim sought 10 million won including medical expenses and consolation money from the injury of the case, but it is not possible to issue a compensation order in the criminal procedure because the existence and scope of the defendant's compensation liability is not clear.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the application for compensation order by the applicant for compensation is dismissed in accordance with Article 32 (1) and (2) and Article 25 (3) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and is so decided as per Disposition.