상해등
The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of KRW 10,000,00 and by a fine of KRW 3,00,000, respectively.
1. The summary of the grounds for appeal (the 6 months of imprisonment with prison labor for Defendant A, the 2 years of suspended execution, and the 4.5 million won of fine for Defendant B) of the lower court is excessively unreasonable.
2. Determination
A. As to the grounds for appeal by Defendant A, Defendant A again committed the instant crime of interference with business even though he/she had been punished once by a fine due to the crime of interference with business, and the obstruction of the performance of official duties and the crime of injury to Defendant A committed the instant crime of interference with business by assaulting the police officer dispatched to the scene upon receiving a report, thereby causing an injury to Defendant A, which is disadvantageous to the Defendant A.
On the other hand, the fact that the defendant A led to confession, reflect, and not repeating the crime of this case; that there is a family member to support the crime of this case; that there is a position to be treated as retirement at the workplace where he has worked for not less than 20 years when a suspended sentence is sentenced; that the crime of this case was committed by drinking and contingently; that it was agreed with the victim of the crime interfering with business; and that the damaged police officer deposited KRW 120,000 for the purpose of the crime of this case, etc., shall be considered as favorable to the defendant A; and that the above circumstances and other conditions of sentencing stipulated in Article 51 of the Criminal Act such as the defendant A's age, character and behavior, motive, means and consequence of the crime of this case as well as the circumstances after the crime of this case are considered to be unfair.
Therefore, Defendant A’s assertion is justified.
B. As to the grounds for appeal by Defendant B, Defendant B again committed the instant crime even though he had been punished by a fine three times, and the instant crime was committed by assaulting a police officer during the performance of official duties by putting in uniform, which is disadvantageous to Defendant B, etc.
On the other hand, Defendant B led to the confession of the instant crime and reflects the depth of the instant crime, had a family member to support, had no record of punishment for the same crime, and was under the influence of alcohol.