업무방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the sentence (five million won penalty) imposed by the court below on the defendant is too unreasonable.
2. The crime of this case is found to obstruct the operation of bus drivers by the defendant and interfere with the performance of official duties of police officers dispatched after receiving a report 112, and the quality of the crime is not good in light of the risk, circumstances, and contents of the crime, but the defendant recognized all of the crime of this case at the trial. In addition, the defendant did not want the punishment of the defendant by mutual consent with the victim C of the crime obstructing the performance of official duties. One of the police officers who interfered with the performance of duties did not want the punishment of the defendant. The defendant did not want to be punished by the defendant. The defendant did not have any specific punishment other than the fine due to the violation of the Road Traffic Act (f) around November 207. In full view of the fact that there was no record of punishment, and other various circumstances, such as the character and behavior, age, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment of the defendant is somewhat unfair.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of official duties) of the same Act;
1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);
1. Selection of each alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.