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The judgment below
The guilty part shall be reversed.
Defendant shall be punished by a fine of KRW 17 million.
The above fine shall be imposed on the defendant.
Reasons
1. Of the facts charged in the instant case, the lower court dismissed the public prosecution on the ground that the above victim expressed his intention not to punish the victim H, and sentenced to a judgment that found the remainder of each of the facts charged. Since only the Defendant appealed the guilty portion and dismissed the prosecution without the prosecutor’s appeal, the part of the judgment dismissing the prosecution that did not appeal is final and conclusive, the scope of the party member’s trial is limited to the convicted portion
2. The sentence imposed by the court below (six months of imprisonment) against the defendant in the summary of the grounds for appeal is too unreasonable.
3. In light of the following: (a) the Defendant was guilty of having committed the instant crime before and after the same type of crime; (b) the Defendant committed each of the instant crimes without being aware of it during the suspension of the execution period; (c) the Defendant was punished by a fine of KRW 700,00 for an injury during the suspended execution period; and (d) the Defendant was punished by a fine of KRW 500,000 for an assault.
However, the fact that the defendant recognized each of the crimes of this case, is against depth, and is expected not to repeat again, that the degree of damage by each of the crimes of this case is not much serious, that the defendant agreed with the victim L, S, U, and the police officer F, who was subject to the obstruction of performance of official duties, deposited 10 million won for the police officer F, who was subject to the obstruction of performance of official duties, and 300,000 won for the victim of insulting crime, and deposited 300,000 won for theJ of the police officer who was subject to the obstruction of performance of official duties, all of the criminal records of the same crime are punished by a fine, the defendant is being treated from Jan. 201, and the defendant was diagnosed as having a provoking disorder, and the defendant's male-friendly T is wanting to leave the defendant's wife. The defendant was detained for five months in relation to each of the crimes of this case, and the defendant was sentenced to imprisonment with prison labor for the defendant and was excessively harsh to the defendant.