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(영문) 서울북부지방법원 2017.04.28 2016노2089
특수상해
Text

The prosecutor's appeal is dismissed.

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

Reasons

1. The decision of the court below (one year of imprisonment with prison labor for six months and one year of suspended execution) is deemed to be too untile and unfair.

2. The crime of this case by the prosecutor regarding the appeal of this case is not a case where the defendant, knee and knee, knife with the left side of the victim, and the defendant's injury to the victim, such as the left side of the 21-day left side where treatment between the victim's knife and knife is required, such as the victim's knife, and the victim's knife with knife.

However, it appears that the victim, who is an employee of the club operated by the defendant, arbitrarily uses the club money, was an opportunity to commit the crime of this case, and the defendant recognized the crime and reflected the mistake, and deposited KRW 6 million in the future of the victim after the prosecution of this case.

The defendant has no record of criminal punishment, in addition to the punishment of fines imposed twice on the violation of the Punishment of Violences, etc. Act and the violation of the Road Traffic Act.

In full view of the above circumstances and all other circumstances revealed in the arguments in this case, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and circumstances after the crime, it cannot be said that the Defendant’s imprisonment with prison labor for six months and a year of suspended execution is too unfluent and unfair.

3. In addition to medical expenses and pharmaceutical expenses, the applicant for compensation as to the application for compensation by the applicant for compensation shall seek compensation of KRW 20 million on the ground that the Defendant suffered mental distress due to the instant crime.

However, the defendant is disputing the scope of liability for damages, and there is no objective data to calculate the amount of consolation money 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. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and an application for remedy order by the applicant for compensation is filed.

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