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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.
2. The crime of this case was committed by the victim by reporting himself as the crime of assault to the victim, and the victim was investigated, and thus obstructing the victim’s restaurant business by force by avoiding disturbance by finding him as a restaurant operated by the victim and taking a bath, etc., and the case is light in light of the circumstances and method of the crime.
subsection (b) of this section.
In addition, even though the defendant had been punished several times for violent crimes, he committed the crime of this case, and did not reach an agreement with the victim until the trial of the party, even though there is no significant degree of damage to the crime of this case.
In light of the fact that such crime is a crime of a nature that causes a great pain to those engaged in their occupation, the defendant may not be charged with criminal liability corresponding to such crime.
The lower court acknowledged the instant crime and determined the Defendant’s punishment of KRW 3 million by selecting a fine in consideration of the fact that the Defendant committed the instant crime, and that the Defendant did not directly commit any act of violence against the victim. Such sentencing by the lower court appears to have been conducted within the reasonable scope of discretion by taking into account all the circumstances related to the sentencing, as alleged in the trial process of the instant case, and other circumstances, such as the fact that the Defendant suffers from alcohol-related diseases, etc. as alleged in the lower court’s trial, and that the Defendant does not have any ability to pay a fine due to the lack of economic circumstances, cannot be deemed to constitute a special change that can change the sentencing of the lower court.
In full view of such various circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and various sentencing conditions as shown in the instant records and arguments, the sentence imposed by the lower court is too unreasonable.