업무방해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and ten months.
1. The decision of the court below on the gist of the grounds for appeal (Article 1: 6 months of imprisonment, and 1 year and 6 months of imprisonment) is too unreasonable.
2. The appeal case against the judgment of the court below was joined in the judgment of the court below for ex officio judgment. Each of the crimes in the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and the sentence should be imposed within the period of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below should be
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 assertion of unfair sentencing, on the ground that there is an ex officio reversal ground as above. It is so decided as follows.
[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 314 (1) and Article 136 (1) of the Criminal Act and the choice of punishment for the crime, Articles 314 (1) and 136 (1) of the Criminal Act, and the choice of imprisonment for the crime;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the victim K does not want the punishment of the defendant among the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, but the defendant has been punished several times for the same crime, and the defendant has committed a crime again during the period of repeated crime due to the crime of interference with business, and the defendant again committed a crime of interference with business by finding the victim during the trial due to interference with business, and the defendant has committed a crime of interference with business again during the trial due to interference with business, taking into account all the factors of sentencing specified in the arguments of this case, such as the defendant's age, character and conduct, environment