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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The punishment of the court below (six months of imprisonment) is too unreasonable.
Judgment
It is advantageous to the fact that the defendant's wrong determination on unfair sentencing is recognized, and that the defendant deposited 4 million won for the victim.
However, in light of the following circumstances: (a) the Defendant, as a result of KRW 1.5 million repayment problem, suffered a serious injury to the face of the victim, such as an abruption of the face of the victim; (b) the damage from deposit money is not fully recovered; and (c) the Defendant was not agreed with the victim until this court; and (d) the circumstances leading to the instant crime; (b) the circumstances following the instant crime; (c) the Defendant’s age, character and conduct, etc. are considered as a whole; and (d) other factors of sentencing specified in the instant argument, such as the Defendant’s age, character
When an appeal is filed against a judgment of conviction regarding the part of the compensation order, the confirmation of the compensation order shall be prevented, and the compensation order shall be transferred to the appellate court along with the accused case, so even if the defendant appealed only to the part of the original judgment, and did not appeal against the compensation order, the compensation order issued by the original judgment was transferred to this court along with the accused case.
However, the Defendant did not assert the grounds for appeal regarding the part of the compensation order issued by the lower judgment, and the grounds for revoking and amending the part of the compensation order ex officio cannot be found. Thus, the lower judgment in this part is to be maintained.
(A) The applicant for compensation submitted a preparatory document on February 25, 2014 to the effect that he/she is dissatisfied with the lower court’s compensation order, but pursuant to Article 32(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant cannot file an objection against the judgment that cited part of the application for compensation, and thus, this part is not determined separately.