(영문) 대전지방법원 2017.06.15 2016노3536 | 리걸엔진

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(영문) 대전지방법원 2017.06.15 2016노3536

상해

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of suspended sentence to six months of imprisonment) is too unreasonable.

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

2. As a result of the determination of each of the unlawful arguments on sentencing, the victim suffered relatively serious injury, such as cage cages, etc., and the Defendant committed the instant crime among the attempts under trial due to interference with business affairs.

However, when the defendant was in a trial, the defendant recognized all of the crimes of this case, and deposited 1.5 million won for the victim.

In addition, in full view of all the sentencing conditions in this case, including the character, conduct, environment, circumstances and result of the crime, etc. of the defendant, the sentence sentenced by the court below is too unreasonable.

3. The remedy order pursuant to Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings Concerning the Promotion, etc. of Application for Compensation Orders is a system that intends to seek prompt and convenient recovery of damage to a victim by issuing an order of 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. According to Article 25(3)3 of the Act on Special Cases Concerning the Compensation of the defendant, if the existence or scope of compensation liability of the defendant is unclear, the remedy order shall not be issued, and in such a case, the application for remedy order shall be dismissed pursuant to Article 32(1)3 of the said Act.

An applicant for compensation filed an application for a compensation order against the Defendant for the payment of KRW 3,950,250 in total of hospital expenses and daily income, but according to the records, it is not reasonable to issue an order for compensation in a criminal trial due to its unclear scope of liability for compensation. Thus, it is not acceptable to accept it.

4. In conclusion, the defendant's appeal is justified.

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