업무방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (a two-month imprisonment) by the court below is too heavy or unreasonable.
2. It is recognized that the Defendant’s confessions all of the Defendant’s crimes and reflects the Defendant.
However, the Defendant was punished several times for the same and similar crimes, and the execution of the sentence was completed by having been sentenced to a punishment for the same kind of crime, which is included in the crime, and the crime of this case was committed not only for four months but also for four months, and the obstruction of business operation was relatively long long, and there are unfavorable circumstances to the Defendant, such as the Defendant’s age, environment, sex, motive of the crime, and circumstances before and after the crime, and considering all other circumstances, which are conditions for sentencing as shown in the records and arguments of this case, the sentence of the court below is deemed to be unfair because it is too uneasible.
3. As such, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading (inasmuch as the defendant’s appeal is without merit, but the judgment of the court below is reversed by accepting the prosecutor’s appeal, the defendant’s appeal shall not be dismissed separately from the disposition). 【Reasons for
1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;
1. Determination of the sentence as ordered by comprehensively taking account of various circumstances as seen earlier prior to the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes