업무방해등
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than eight months.
Defendant
A.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the Defendants (one year of imprisonment) is too unreasonable.
2. Determination
A. Although each of the crimes of this case is favorable to the above defendant A, such as the fact that the above defendant's mistake is recognized and against the defendant's mistake, the victim F, M, and I agreed smoothly with the above defendant. However, each of the crimes of this case is that the above defendant interfered with business in restaurants, etc. without any specific reason repeatedly in a short period, and further, the crime of this case is extremely poor in light of its circumstances, methods, frequency, etc., and that the defendant was subject to criminal punishment several times for the same crime, and the defendant has a history of being subject to criminal punishment several times for the same crime, and the risk of repeating the crime of this case is very high in light of the defendant's personality, behavior, age, environment, family relationship, health condition, motive, means and consequence of the crime, mode, frequency, circumstances, degree of participation in the crime, degree of participation in the crime, equity in punishment among the accomplices, etc., it is not acknowledged that the above punishment of the defendant is too unfair.
B. Although the above defendant Eul had a record of criminal punishment several times as to the crime of violence, the above defendant committed each of the crimes of this case without being aware of the period of repeated crime due to the crime of destruction of property and without being aware of the period of repeated crime due to the crime of destruction of property, there are unfavorable circumstances to the above defendant. However, the above defendant recognized his mistake and reflects it, the victim F and the defendant have reached an agreement in the first instance, the degree of assault is relatively minor, and the above defendant's character, age, environment, family relationship, health condition, motive and consequence of the crime, means and attitude of the crime, and after the crime.