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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 15 million.
The above fine shall not be paid by the defendant.
Reasons
1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.
2. Circumstances unfavorable to the judgment on the grounds for appeal: The defendant committed the instant crime without being aware of the fact that he was under probation due to violent crimes.
Many of the records of punishment for the same crime have been punished for the defendant (six times of suspended execution, 16 times of fine).
Although the crime of this case constitutes a crime of interference with the business, the crime of this case is deemed to be a crime of disturbance of drinking, etc. under Article 3 (1) 20 of the Punishment of Minor Offenses Act, that is, the act of disturbance of drinking, etc., that is, the place where many people gather or frequent, such as a public hall, theater, restaurant, etc., or on a train, a motor vehicle, a ship, etc. carrying many people, etc., by uttering or doing rough words or actions, or the crime of this case is deemed to be a higher level than that of drinking to other persons without any justifiable reason under the influence of alcohol.
The damage caused by the crime of this case also seems to be relatively easy.
The defendant shows his attitude to recognize the crime of this case and to reflect the defendant's living in prison for about three months.
The victim E expressed his intention not to punish the victim at the investigation stage, and in the trial of the party, three applications were submitted additionally to the effect that the victim E tried to obtain the defendant's prior consent.
Since the crime of interference with each of the above disadvantageous circumstances, including the defendant's age, character and behavior environment, relationship to victims, motive means of crime, and circumstances after the crime, etc., and all of the sentencing conditions stated in the arguments in this case and the records, the sentencing guidelines should not be applied.
In full view of the above, the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too large.
3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act.