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(영문) 대구지방법원 2017.08.17 2017노2285

권리행사방해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Determination of the facts that the amount of damage caused by each of the instant crimes is large, and considerable damage is not recovered, are disadvantageous circumstances.

However, considering the favorable circumstances, such as the fact that the defendant is against the defendant, the fact that the defendant has no record of punishment exceeding the fine or there is no record of the same kind of punishment, the defendant's acquisition of the claim from the victim Ip Capital Co., Ltd. for the obstruction of the exercise of the right by the defendant, and the loan of asset management and the agreement with S, T and U, a part of the workers, the circumstances that have been agreed with S, T and U are considered, and other sentencing conditions, such as the defendant's age, sex, environment, circumstances leading to the crime, means and consequence, the scale of the crime, and the circumstances after the crime, it is judged that the sentence imposed by the court below is unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

As stated in each corresponding column of the judgment of the court below and the summary of evidence, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 323 of the Criminal Act and Articles 323 (Interference with Exercise of Rights, Selection of Imprisonment) and 109 (1) and 36 (Unpaid points and Selection of Imprisonment with Labor) of the Labor Standards Act concerning facts constituting an offense;

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;