업무방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too heavy.
2. The Defendant committed the instant crime during the period of repeated crime, even though he/she was sentenced to six months of imprisonment for a crime of interference with business, and was released on June 13, 2017.
However, the defendant led to the confession of the crime of this case.
The degree of the instant crime is relatively minor.
A injured person does not want the punishment of the defendant.
In addition, considering the various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is somewhat heavy.
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.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one month or for ten years;
2. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria, and the scope of the punishment [the scope of the punishment] on the basis of the sentencing criteria, and the scope of the reduced area (one month to eight months), (special mitigation) (special mitigation)] / Non-members of the same repeated crime;
3. Determination of sentence: Determination of sentence in excess of the scope of sentencing criteria by comprehensively taking into account the various circumstances as examined in the determination of the unfair argument of sentencing prior to October, and all other factors of sentencing as indicated in the records and arguments of this case, such as the records of this case, shall be determined as ordered by the order.