A defendant shall be punished by imprisonment for one year and a fine of 600,000 won.

The above fine shall be imposed on the defendant.

A. At the time of each of the instant crimes, the Defendant was in a state of mental and physical disability due to depression, depression, etc.

B. The sentence imposed by the court below on the defendant (one year and eight months of imprisonment and fine of 600,000 won) is too unreasonable.

2. Determination:

A. According to the record as to the assertion of mental disorder, the fact that the defendant was diagnosed with a yellow disorder on January 3, 2014 and a friendly certificate is recognized.

However, in full view of the circumstances such as the background, means, and method of each of the crimes of this case, which were duly adopted and examined by the court below, and the defendant's behavior and attitude before and after the crime, etc., it is not deemed that the defendant had a weak ability to discern things or make decisions due to yellow disorder, etc., and therefore, the above assertion by

B. As to the assertion on unfair sentencing, the Defendant had a record of being punished several times as a same crime, and committed assault and obstruction of business with the same victim repeatedly, and committed assault and obstruction of business against the same victim for the purpose of retaliationing the reporting of his criminal case. In light of the fact that the Defendant already committed assault and obstruction of performance of official duties, even if he was prosecuted for the same crime, the Defendant’s liability for the same offense is not somewhat weak.

However, the court below did not have any record of finding the defendant guilty of committing the crime of this case, and there is no history of punishing the defendant in excess of the fine, and the court below did not want to revoke the complaint against the defendant, and further, the victim C also want the defendant's wife in consultation with the victim C. In addition, considering the following factors: the defendant's age, occupation, character and conduct, motive and circumstance of the crime, circumstances after the crime, sentencing guidelines, etc., the court below's punishment is unreasonable.

3. Conclusion