업무방해등
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.
1. The summary of the grounds for appeal by the Defendants (each year of imprisonment by the Defendants) is too unreasonable.
2. As to the Defendant A’s assertion, Defendant A (hereinafter “Defendant”) committed each of the instant crimes during the period of repeated crime; Defendant was guilty of traffic crimes four times; Defendant was guilty of a suspended sentence due to an escape vehicle; Defendant was also guilty of a suspended sentence due to an escape vehicle; and Defendant A had several criminal records of a suspended sentence due to a different type of crime. In addition, the elements of sentencing unfavorable to the Defendant are factors of sentencing.
However, the fact that the Defendant recognized each of the crimes in this case, and that the victim B, the victim of the crime, does not want the punishment of the Defendant, is the sentencing factors favorable to the Defendant.
In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is deemed unreasonable.
3. The determination of Defendant B’s assertion does not reach an agreement with Defendant B (hereinafter referred to as “Defendant” in this paragraph) with the intent to avoid a crime. Each of the crimes of this case is deemed to have been raped by the Defendant despite the absence of the relationship with Defendant A, and the forgery and use of evidence to that end, which is very bad in the nature of the crime, are elements for sentencing unfavorable to the Defendant.
However, in the course of investigation, the defendant led to the confession in the process of investigation, and recognized each of the crimes of this case, and paid KRW 2 million to A in the name of custody for the first time in this court, and as a result, A committed the crime of this case with a vehicle borrowed from the defendant, as a result, the defendant was charged KRW 1,534,00 for damages due to road damage, and the vehicle insurance company on January 14, 2020, which is after the judgment of the court below, was charged with KRW 1,534,00.