beta
Text
Defendant
All appeals filed by A and prosecutor are dismissed.
An application for compensation by an applicant for compensation shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment (2 million won) imposed by the lower court on Defendant A by Defendant A is too unreasonable.
B. The Prosecutor’s appeal against Defendant B by the lower court against Defendant B (2 million won in penalty) is too uneased and unreasonable.
2. Taking into account the various sentencing conditions shown in the instant records and arguments regarding the grounds for appeal, considering the circumstances asserted by Defendant A and the Prosecutor on the grounds of appeal, the lower court’s punishment against Defendant A is too heavy, or the lower court’s punishment against Defendant B is too uneasible and unreasonable.
3. An applicant for a compensation order shall seek compensation in total of 11,696,160 won for medical expenses incurred in injury, consolation money and damages caused by damage to property and consolation money.
First, we look at the part caused by injury.
Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides that an order for compensation pursuant to the provision of Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings shall be issued only when the amount of damage is specified for direct property damage suffered by the victim by the criminal act of the defendant and the scope of the defendant's liability is clear, thereby promoting the recovery of damage suffered by the
In addition, since it is difficult to see the scope of responsibility according to the circumstances of the accident and the defendant A contests the scope of liability for compensation, it is not reasonable to issue an order for compensation because the scope of liability for compensation is unclear.
Next, the part due to the damage of property shall be considered as follows.
In the case of a sentence of conviction for a certain criminal act during the criminal trial procedure of the first instance or the second instance, the victim of the criminal act shall issue a compensation order for direct damage caused by that act.