권리행사방해
The defendant's appeal is dismissed.
The costs of the original judgment and the trial shall be borne by the defendant.
1. The summary of the grounds for appeal is that the punishment (2 million won in penalty) set by the court of the original instance (the court below) is too unreasonable.
2. The judgment of the defendant seems to have led to the confession and reflect on the crime, and the victim did not want the punishment of the defendant.
There is no criminal record except for a case of like criminal record and a case of minor fine.
The victim has been illegally parked by providing another person without permission and the defendant has to take into account the circumstances that the victim is only one day.
However, the criminal liability of the defendant is not easy, but the attitude after the crime is not good.
The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.
The judgment below
There is no new circumstance that can be considered in sentencing as a result of the sentence.
In addition, in full view of various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is not deemed unfair.
3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.
In addition, according to Articles 191(1), 190(1), and 186(1) main text of the Criminal Procedure Act, it is right that the defendant bears the cost of lawsuit at the original instance and the party’s deliberation.