권리행사방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for four months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment and 2 years of suspended sentence) is too unreasonable.
2. In full view of the following facts: (a) the Defendant led to the confession of the crime; (b) the Defendant did not have the same criminal record and had no record of punishment exceeding the fine; (c) the Defendant did not want the punishment of the Defendant under an agreement with the limited company specialized in the Es. Es. Es. Es. from which the claim was transferred by the injured party; (d) the instant vehicle was sold by public sale in the trial and repayment was made in addition to the above company; and (e) the Defendant’s age, sex behavior, environment, conditions before and after the crime, and all of the sentencing conditions specified in the instant records and arguments, such as the circumstances before and after the crime, the lower court’s punishment is somewhat unreasonable.
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The sentencing criteria [the scope of recommended punishment] Class 1 (Interference with Exercise of Rights) area (one month to eight months) [the person subject to special mitigation] the penalty not for the person subject to punishment (including the person subject to serious efforts to recover damage);
2. As seen above, the sentence shall be determined as ordered in light of the various circumstances and sentencing conditions as seen above.