사기등
The defendant's appeal is dismissed.
1. In light of the summary of the grounds for appeal by the defendant and his defense counsel, the defendant commits each of the crimes of this case by drinking alcohol and contingently, the amount obtained by defraudation by the crime of fraud is limited to 24,000 won, the victim D expressed his intention that the defendant does not want the punishment, and the degree of assault used by the police officer is minor, etc., the sentence of the court below that sentenced six months to imprisonment is too unreasonable.
2. The judgment of the court below is that each of the crimes of this case was committed at the restaurant operated by the victim D, and it is not good that the defendant interfered with public duties by assaulting the police officers dispatched after receiving a report, and that the defendant was sentenced to imprisonment with prison labor on September 5, 2003 due to the violation of the Punishment of Violence, etc. Act (a collective deadly weapon, etc.) at the Sungnam Branch Branch of Suwon District Court on September 5, 2003, and was sentenced to criminal punishment due to fraud, crime of interference with business, and obstruction of performance of official duties. The defendant committed each of the crimes of this case during the repeated crime period. Considering the motive and background of each of the crimes of this case, circumstances before and after the crime of this case, degree of damage, and other various items of Article 51 of the Criminal Act, which are conditions for sentencing, such as the records and arguments of this case, the court below's punishment is unreasonable even in consideration of the circumstances asserted in the grounds for appeal.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.
However, among the facts of the judgment below, it is clear that the "preventive suppression" in Paragraph (3) 8 of the same Article is an error of "preventive suppression", and thus, it is corrected ex officio pursuant to Article 25 (1) of the Regulations on Criminal Procedure.