업무방해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s respective sentences (six months of imprisonment with prison labor for each of the lower judgment) are too unreasonable.
2. The appeal case of the judgment below was consolidated in the judgment of the court below for ex officio judgment. Each of the offenses in the judgment of the court below is one of the concurrent offenses under the former part of Article 37 of the Criminal Act, and the sentence should be imposed within the scope of the aggravated punishment pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety and it is again decided as follows.
[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 314 (1) of the Criminal Act (the point of interference with business), Articles 284 and 283 (1) of the Criminal Act (the point of special intimidation) of the Criminal Act, Article 257 (1) of the Criminal Act (the point of harm) of the Criminal Act, and the choice of imprisonment with prison labor for each crime;
1. The following circumstances are favorable to the defendant for reasons for sentencing in the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, which are aggravated for concurrent crimes:
The Defendant confessions each of the crimes of this case, and is divided.
The defendant does not want the punishment of the defendant by mutual consent between all victims and the court below.
Circumstances unfavorable to the defendant are as follows:
The defendant committed a crime of interference with business four times in total with three victims, and committed a special intimidation and injury to the victimO.
The defendant committed the crime of KRW 2 in the judgment of the first instance court while being tried for the crime.
The defendant shall commit a crime concerning interference with or violence with the same criminal's duties.