beta
Text
The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall be imposed on the defendant.
Reasons
1. The 6-month imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.
2. The judgment of the court below is clear that considering the fact that the defendant committed each of the crimes of this case again during the period of repeated crime, even though he had been sentenced twice to punishment due to the crime of imprisonment, etc., even though he committed each of the crimes of this case, it is necessary to sentence more severe punishment to the defendant. However, it is also necessary to sentence more severe punishment to the defendant. The crime of this case was committed once more than 180,000 won, and the amount of damage is less than 180,000 won, the defendant does not want the punishment of the defendant by mutual consent with the victim of the crime of this case, the defendant is taking the attitude of recognizing and opposing the defendant's wrong, and the defendant continued to work as parking manager at one place prior to two years, and seems to have been living a relatively faithful social life except drinking problems, such as drinking problems. The defendant seems to have not repeated the same crime for about one year and six months after completion of the execution of the punishment of the above repeated crime, the degree of insult to police officers cannot be viewed, and circumstances of the defendant's age, and circumstances, etc.
3. In conclusion, the defendant's appeal is with merit. Thus, the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the following decision is rendered through pleading.
Criminal facts
The summary of the facts constituting an offense and evidence recognized by this court is identical to the description of the relevant part of the judgment below, except for the deletion of the previous offense in the facts constituting an offense and the summary of evidence in the judgment below, and thus, it is acceptable in accordance with Article 369 of
Application of Acts and subordinate statutes (Reversal Part)
1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime;