The defendant's appeal is dismissed.

The defendant shall pay 2,601,160 won, consolation money, 5,000,000 won to the applicant for compensation.

1. Summary of grounds for appeal;

A. Although the Defendant misunderstanding the facts did not assault the victim by using the sculfist, the lower court found the Defendant guilty of the charges of special injury of this case, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment, two years of suspended execution, and two hundred hours of community service) is too unreasonable.

2. The applicant for the claim of the applicant for compensation of the trial at the trial and the compensation for the trial at the trial of the trial at the trial, shall seek against the defendant payment of the delayed damages under the Civil Act and the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, including the sum of KRW 2,601,160, and KRW 2,384,382, and KRW 5,000,000, and KRW 9,985,542.

First of all, the damage subject to an order for compensation under Article 25 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings is limited to "direct physical damage, medical expenses and consolation money caused by a criminal act." Direct physical damage refers to the value of the goods or profits illegally acquired in the case of a property crime, such as theft and robbery, and the repair cost in the case of damage. In the case of a crime involving bodily injury, medical expenses are limited and other damages are excluded from the actual income. Thus, the damage equivalent to the lost income is not included in the scope of a compensation order.

On the other hand, the compensation order is a special form of litigation that is allowed to be filed in particular incidental to the criminal procedure in order to facilitate the recovery of victims' damage where certain requirements are met under Article 25 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. This does not order the non-performance of civil liability or the performance of liability for damages arising from tort, but the compensation for delay in treatment costs and consolation money shall be treated as this.