Text
The judgment of the court below is reversed.
Defendant
D shall be punished by a fine of 200,000 won.
Defendant
D does not pay the above fine.
Reasons
1. The summary of the grounds for appeal that the court below sentenced the Defendants to each punishment (a fine of KRW 700,000) is too unreasonable.
2. The judgment of the defendants led to the confession of all of the crimes of this case and the misunderstanding of their mistakes. The crime of this case is committed by the victim to prevent the passage of the entrance of the forest road used by village residents, and there are circumstances to take into account the situation in which the defendants obstructed the passage of the farmland by using the caters, etc. according to the entire community residents, and there are some circumstances to consider the situation. In the case of defendants A, B, and C, there are no special criminal records outside the case where a fine for the crime of this case is sentenced one time due to the crime of this case (in the case of defendants D, there are several criminal records including the criminal records before suspended execution), and there are no other criminal records (in the case of defendants D, there are several criminal records subject to the punishment of the victim due to the crime of general traffic obstruction related to this case, and considering the balance of the punishment of the victim, the defendant's age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime, it is too unfair to impose the sentence.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as stated in the corresponding column except that the “H” is deemed as “L” in the second column of the judgment of the court below. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 185 and 30 of the Criminal Act for criminal facts (the Defendants), Articles 314(1) and 30 of the Criminal Act for the selection of fines, and the selection of fines for each of them
1. The Defendants’ aggravated concurrent crimes (the former part of Article 37 of the Criminal Code) are as follows.