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The prosecutor's appeal is dismissed.
An application for remedy by an applicant for remedy shall be dismissed.
Reasons
1. The main point of the grounds for appeal is that of the lower court’s punishment (two years of suspended execution and probation) is unreasonable.
2. The lower court, on the grounds of the prosecutor’s appeal, determined the Defendant’s punishment by taking into account the following factors: (a) the Defendant’s retaliation assault crime committed by the Defendant not only infringes on the victim’s personal legal interests, but also may seriously result in interfering with the investigation agency and judicial agency’s discovery of substantial truth and the State’s exercise of penal authority; (b) the Defendant denied the Defendant’s criminal act; and (c) the victim was seeking punishment against the Defendant because it was not properly paid damages from the Defendant; (d) the Defendant’s crime was committed; (c) the injury suffered by the Defendant was relatively excessive; (d) the Defendant was sentenced to a fine for injury in the relevant case; (e) the Defendant did not have any particular criminal history; and (e) the Defendant was an aged person’s age; and (e) the sentence against the Defendant was determined by taking into account various sentencing conditions indicated
In full view of the matters on the conditions of sentencing and the scope of the recommended sentencing guidelines set by the Sentencing Committee of the Supreme Court, the sentencing of the court below is not deemed to have exceeded the reasonable bounds of discretion, and as long as the defendant has agreed to pay a agreed amount to the victim at the time of the trial and the victim has sought a preference against the defendant, it is difficult to deem that there exists a change in the sentencing conditions that can be deemed unfair to maintain it as it is because it is too uneasible to the judgment of the court below.
Therefore, the prosecutor's argument of unfair sentencing is not accepted.
3. An applicant for a remedy order shall apply for a remedy order seeking payment of KRW 3,063,940 against the accused when the remedy order was pending in the trial.