Defendant

All appeals by prosecutors are dismissed.

1. The lower court’s judgment on the scope of inquiry dismissed the prosecution as to the assault and insult among the facts charged in the instant case, and convicted the remainder of the facts charged.

However, since the defendant and the prosecutor filed an appeal only against the conviction except the above dismissed part of the judgment below, the dismissed part of the above indictment was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. The gist of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence, two years of probation, order of observation of protection, order of community service order 200 hours, order of lecture for alcohol treatment, 40 hours of order of lecture for compliance driving, 40 hours of order of lecture for compliance driving, and 40 hours of order of lecture for compliance driving) is too heavy or unreasonable.

3. The following facts are acknowledged: (a) the Defendant recognized the instant crime, thereby contravening the mistake; (b) the Defendant deposited KRW 120,00 for the victim G of the said crime at the lower court; (c) the said victim expressed his/her intent not to be punished by the Defendant at the lower court; and (d) on August 13, 2015, the Defendant was sentenced to imprisonment with prison labor for one year at the Busan District Court on the grounds of the crime of injury at the Busan District Court, and was sentenced to a suspended sentence of two years on November 24, 2015, and the said judgment became final and conclusive on November 24, 2015.

However, it is also acknowledged that the instant crime was committed by the Defendant while under the influence of alcohol by 0.149%, and was committed by the Defendant with the alcohol level of about KRW 120,00 in the alcohol level operated by the Victim G, and without the alcohol level of about KRW 120,00 in the alcohol level in the blood, and the case was not less exceptionally in light of the degree of alcohol concentration in the blood, details of the crime, etc., and the Defendant committed two times by driving under the influence of alcohol (one time of punishment, one time of punishment), five times by fraud (two times of punishment, one time of suspended sentence, three times of suspended sentence).

In the above circumstances, the Defendant’s age, environment, family relationship, and the instant crime are committed.