The prosecutor's appeal is dismissed.

The court shall reject an application for compensation by the applicant for compensation.

1. The summary of the grounds for appeal (unfair sentencing) that the sentence imposed by the lower court on the Defendant (two years of suspended execution and 120 hours of community service in October) is too uneased and unreasonable.

2. In light of the circumstances asserted by the prosecutor on the grounds of appeal, even if considering the circumstances asserted by the prosecutor, the lower court’s punishment is too uneasible and unreasonable, even if it is considered that there is no change in circumstances that may be considered in sentencing after the lower judgment, and there is no record of punishment exceeding the fine against the Defendant.

3. The compensation order pursuant to Article 25(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings as to Application for Compensation Order is a system that intends to seek prompt and convenient recovery of damage to a victim by ordering compensation to the defendant only when the amount of direct property damage suffered by the victim is specified in the criminal act of the defendant and the scope of compensation liability of the defendant is evident. Under Article 25(3)3 of the same Act, where the existence or scope of compensation liability of the defendant is unclear, the compensation order shall not be issued, and in such a case, the application for compensation order shall be dismissed pursuant to Article 32(1) of the same Act (see, e.g., Supreme Court Decision 2013Do9616, Oct. 11, 2013). Accordingly, the applicant for compensation at the trial is claiming five million won, and the scope of compensation liability of the defendant against the applicant in this case is evident.

Therefore, the application for compensation by the applicant for compensation in the trial is not appropriate.

4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and an application for compensation filed by the applicant for compensation at the trial is dismissed in accordance with Article 32 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.