업무방해등
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Of the facts charged in this case, the court below dismissed the prosecution as to the assault, and convicted the remainder of the charges of obstruction of business.
However, since only the Defendant appealed the guilty portion of the judgment below and did not appeal all the prosecutor and the Defendant with respect to the dismissal of prosecution, the dismissal of prosecution in the judgment below became final and conclusive as it is.
Therefore, only the guilty portion of the judgment of the court below is subject to the judgment of this court.
2. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (the fine of 500,000 won) is too unreasonable;
(3) In full view of the favorable circumstances such as the Defendant’s age, character and conduct, environment, background and method of the instant crime, circumstance after the instant crime, and criminal record, etc., the sentence imposed by the lower court is unreasonable, considering the following: (a) the fact that the Defendant did not yet agree with the victim on the date of the first instance trial is unfavorable to the Defendant; (b) the Defendant recognized the instant crime at the time of the trial; (c) the degree of interference with business is relatively minor; and (d) the Defendant was committed in the process of wanting to be pushed away from the victim; and (c) the Defendant has not yet been reimbursed the awareness finalized in the relevant civil judgment; and (d) the Defendant has no record of criminal punishment prior to the instant case; and (e) other circumstances that are conditions for the sentencing specified in the instant records and pleadings, such as the
4. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as follows: “The Defendant’s partial statement in the trial records Nos. 2 and 3 times” in the summary of the evidence in the judgment of the court below is “1. Defendant’s trial statement.”