All appeals by the defendant and the prosecutor are dismissed.

The defendant shall pay 14,176,430 won to the applicant for compensation.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The following are the circumstances that are disadvantageous to the Defendant: (a) the fact that the injured party caused cerebral injury to the brain; and (b) the Defendant did not take any measures to recover the damage, due to the instant crime of determining the illegality of sentencing.

However, there are no other criminal records except for the defendant who was punished by a minor fine in around 1990, and the fact that the crime of this case appears to have occurred somewhat contingently with the victim and the vision, is favorable to the defendant.

In addition, considering the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, all of the sentencing conditions as shown in the pleadings are considered. The punishment determined by the lower court is carried out within the reasonable scope of discretion, and it is not recognized as being too heavy or unreasonable.

3. The applicant for the determination on the portion of the application for compensation: ① Medical expenses of KRW 18,00,000; ② Medical expenses of KRW 20,50,000; and ③ Compensation for the expected medical expenses of KRW 30,00,000 in the future.

The compensation order under Article 25 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings is a system to ensure the recovery of damage suffered by a victim by ordering compensation to the defendant only when the amount of damage suffered by a victim is specified in the criminal act of the defendant and the scope of the defendant's liability is clear. The court may order the compensation of direct physical damage, medical expenses, and consolation money suffered by the criminal act of the defendant case.

In light of the records, in order to treat the injury inflicted by the instant crime, the applicant for compensation for damages amounting to KRW 14,176,430 (= medical expenses incurred before September 5, 2016).