The prosecutor's appeal is dismissed.

An applicant for compensation shall be dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of suspended execution for ten months of imprisonment, and eight hours of community service) is deemed to be too uneasy and unfair.

2. In comparison with the lower court’s judgment on the prosecutor’s unfair argument of sentencing, there is no change in sentencing conditions that can be newly considered by this court.

When comprehensively considering the Defendant’s age, sex, criminal records, environment, motive and background leading up to the commission of a crime, the means and consequence of a crime, and all of the conditions of sentencing as shown in the pleadings of this case, such as the circumstances after the commission of the crime, the lower court’s punishment is within the reasonable scope of discretion.

However, it cannot be deemed unfair because it is too unfasible.

3. The applicant filed a claim with the court for the payment of KRW 3,00,000 (the amount equivalent to the mobile phone price and penalty that the defendant suffered from damage to his mobile phone, the amount equivalent to the treatment expenses incurred in the treatment of injury suffered by the claimant, the treatment expenses, medication expenses and diagnosis expenses, the amount equivalent to the repair expenses incurred by the defendant due to damage to his portraits, the entrances and portraits).

However, according to the records, it is recognized that the defendant paid 2,700,000 won to the court and agreed with the applicant for compensation.

Therefore, the application for compensation should be dismissed because the existence or scope of the defendant's liability for compensation against the applicant is not clear and it is recognized that it is not reasonable to order compensation in the criminal procedure.

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