업무방해등
The judgment below
The guilty portion shall be reversed.
Defendant
A, in six months of imprisonment, Defendant B shall be punished by a fine of 50,000 won.
1. The lower court dismissed the public prosecution as to the insult of Defendant A among the facts charged in the instant case, and convicted the remainder of the charges.
As to this, only the defendants appealed the guilty portion, and since the prosecutor did not appeal the dismissal part, the dismissal part of the prosecution which the defendant A and the prosecutor did not appeal was separated and confirmed as it is.
Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.
2. Summary of grounds for appeal;
A. Defendant A1) The Defendant A was in a state of mental and physical disability by force at the time of committing the instant assault and injury. 2) The lower court’s sentence against Defendant A of unreasonable sentencing (limited to eight months of imprisonment, two years of suspended execution, and eight hours of community service order) is too unreasonable.
B. The lower court’s punishment against Defendant B (a fine of two million won) against Defendant B is too unreasonable.
2. Determination on the grounds for appeal
A. In light of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below as to the defendant A's claim of mental disability, namely, the amount of the ordinary small-scale drinking water by the defendant A is limited to two diseases in small-scale, and the amount of drinking water at that time is about two to three diseases in small-scale, and it seems that the amount of drinking water would be excessive compared to the amount of drinking water, and the defendant A would not have performed a chilling theory or an chilling. However, although the defendant A made a reply to the horses that were asked with the victim and the Si expenses, the defendant A does not seem to have a form of a chilling distance at the time of coming to board a taxi, etc., in light of the fact that the defendant A did not have a state of mental disability at the time.
Defendant
A’s assertion on this part is rejected.
B. Defendant A had been punished on several occasions for the same kind of crime, and Defendant B’s eyebrow against her clock.