사기등
The defendant's appeal is dismissed.
1. Of the facts charged against the Defendant, the lower court dismissed the public prosecution as to obstruction of business, injury, and assault among the cases of 2020 senior group 4601 and 2020 senior group 5816 senior group, and sentenced the Defendant to a conviction as to the remainder of the facts charged, and only the Defendant appealed as to the guilty portion among the lower judgment, so the dismissed portion of the lower judgment that the prosecutor did not appeal was separate and finalized.
Therefore, the scope of this court's judgment is limited to the conviction of the defendant.
2. The sentence imposed by the lower court (two years of imprisonment, and fine of 600,00 won) on the gist of the grounds of appeal is too unreasonable.
3. The Criminal Procedure Act of Korea, which takes the principle of court-oriented trials and the principle of direct determination, exists in the area unique to the first instance, there is no change in the conditions of sentencing compared to the first instance court, and where the first instance court sentencing does not go beyond the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). He returned to the instant case and examined, and pursuant to the Defendant’s judgment, he pursuant to the changed attitude about the facts of the crime that the Defendant denied at the lower court’s trial, and pursuant to the evidence of the lower court’s judgment, he/she is recognized as having agreed with X, N among the victims of each of the instant crimes, but it is difficult to view that the Defendant, even though he/she could sufficiently recognize the Defendant guilty of the facts charged that he/she denied the crime at the lower court, has many victims give testimony from the lower court court court to the victims, and considering the change in circumstances that the Defendant had already agreed to change the aforementioned sentence.