The sentence of sentence against the defendant shall be suspended.

A. The Defendant, as a matter of fact, had the victims set off the entrance in order to prevent the victims from opening the entrance, but did not cause the victims to face the entrance.

B. The sentencing of the lower court’s unfair sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. According to the evidence examined by the court below as to the assertion of mistake of facts, the defendant had the victim faced with the entrance and exit door as stated in the facts of the crime of the court below, and the victims suffered injury can be fully recognized.

B. The degree of injury suffered by the victims of the determination on the unfair argument of sentencing is relatively somewhat weak.

After the pronouncement of the lower judgment, the Defendant mediated the case, such as divorce with the victim C (Tgu, 2017 Down, 104417, 2017 Down, 109719), by means of divorce, etc., and C expressed the victim C’s intention not to punish the Defendant.

In addition, the sentencing of the lower court is too unreasonable in light of various circumstances, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime.

3. As the defendant's argument of sentencing is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the judgment is rendered again after pleading.

[Re-written judgment] The same as the relevant column of the lower judgment’s judgment on criminal facts and summary of evidence.

Application of Statutes

1. Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Penalty of one million won to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse: 100,000 won per day;

1. Article 59 (1) of the Criminal Act of the suspended sentence;