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The prosecutor's appeal is dismissed.
An application for remedy by an applicant for remedy shall be dismissed.
Reasons
1. The summary of the grounds for appeal is too minor for the original judgment to be imposed.
2. In full view of all the circumstances in which the lower court stated the reasons for sentencing and all other conditions of sentencing as stated in the record on the prosecutor’s assertion of unfair sentencing, the sentence imposed by the lower court against the Defendant was made within the scope of the court’s discretion for sentencing, and cannot be deemed to be too minor to the extent that it cannot avoid reversal.
Therefore, prosecutor's appeal is without merit.
3. The remedy order pursuant to the provisions of Article 25 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings Concerning Compensation for Damages is a system that intends to promote the recovery of damage suffered by a victim simply and promptly by ordering the compensation to the accused only when the amount of damage was specified with respect to the direct property damage suffered by the victim of the criminal act of the accused and the scope of the defendant's liability is clear. According to the provisions of Article 25 (3) 3 of the Act on Special Cases Concerning the Settlement of Legal Proceedings, where the existence or scope of the defendant's liability for compensation is unclear, the remedy order shall not be issued, and in
(see, e.g., Supreme Court Decision 2012Do7144, Aug. 30, 2012). An applicant for compensation sought consolation money of KRW 5 million against the Defendant, but does not submit all data on the existence and calculation of mental damage suffered by the applicant for compensation. Thus, an order for compensation cannot be issued because the existence and scope of the Defendant’s liability for compensation against the applicant for compensation is unclear.
4. The appeal by the prosecutor of the conclusion shall be dismissed, and the application for remedy by the applicant for compensation shall be dismissed.