업무방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The decision of the court below on the gist of the reasons for appeal (eight months of imprisonment) is too unreasonable.
2. Determination: (a) there is a reason for unfavorable sentencing, such as: (b) the number and duration of the crimes; and (c) even if a fine was already imposed twice due to the same victim’s interference with business affairs in around 2015, some of the crimes were committed thereafter; (d) however, there is a reason for unfavorable sentencing, such as: (a) the Defendant made confession of the crimes in the first instance; (b) the Defendant was in the first instance trial; (c) there was a considerable amount of money to the victims; and (d) there was no criminal record exceeding a fine, except for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents before 25 years, due to the violation of the Act on the Settlement of Traffic Accidents; (b) the Defendant’s age, family relation, economic situation; (c) the background and motive leading to the crimes; and (d) other matters concerning
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 314(1) of the Criminal Act (the point of interference with business), Article 311 of the Criminal Act (the point of insult) and the choice of imprisonment with prison labor for the crime;
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;
1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reversal as mentioned above);