(영문) 부산지방법원 2017.02.10 2016노4658 | 리걸엔진

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자간(%)

(영문) 부산지방법원 2017.02.10 2016노4658

사기등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Of the facts charged against the Defendant, the lower court dismissed the prosecution as to the Defendant’s assault against the Victim C, and sentenced the Defendant guilty as to the remainder.

However, since the defendant and the prosecutor appealed the part of the judgment of the court below, and the dismissal part of the prosecution did not appeal both the defendant and the prosecutor, the dismissal part of the prosecution in the judgment of the court below is confirmed separately, and only the guilty part is subject to the judgment of the court of this court.

2. Summary of reasons for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court (ten months of imprisonment) is too unhued and unreasonable.

3. The crime of this case is an unfavorable circumstance where: (a) the Defendant did not have the intent or ability to pay the price; (b) the Defendant provided alcohol and food in the restaurant, and received a request from the proprietor of the restaurant to pay the price; (c) the Defendant interfered with the business of the restaurant by avoiding disturbance; and (d) the police officers dispatched after receiving 112 a report, in addition to assaulting the police officers, who interfered with the business by avoiding disturbance at the hospital, the main store, etc.; and (c) the crime is very poor because the Defendant committed violence to the customer and the restaurant operator; (d) even though the Defendant had many records of punishment for the same kind of crime, the risk of repeating the crime is high; (e) the Defendant did not agree with the majority of victims; and (e) the crime interfering with the performance of official duties requires strict punishment to establish the legal order.

However, in full view of the following circumstances: (a) the Defendant reflects the instant crime in depth; (b) under the influence of alcohol, the Defendant committed each of the instant crimes; (c) the Defendant maintained and able to maintain his livelihood with public labor; and (d) the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the instant crime; and (c) the sentence of the lower court is too high.

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