업무방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is 18 times the record of punishment for violent crime from around 1988 to around 2005, and 2 times the record of the case of assault even around 2012.
Although the defendant agreed with the victim, the defendant denied the crime by the police without causing the damage to the victim by avoiding the disturbance from the main point of view for about one hour, and the circumstances after the crime are poor.
In full view of these circumstances, the punishment imposed by the court below (500,000 won) is too unhued and unfair.
2. Although the judgment defendant had considerable criminal history, he/she went to commit the instant crime.
Although the victim agreed with the victim, it does not seem to be seriously against the victim.
In addition, in full view of the circumstances favorable or unfavorable to the defendant, the age, family relation, sex, career, environment, circumstances after the crime, criminal experience, and all the sentencing circumstances shown in the records and arguments of this case, such as the background and result of the crime, etc., the sentence imposed by the court below is deemed unfair and unfair. Thus, the argument about sentencing is justified.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.
【Judgment to be used again] The summary of facts constituting an offense and evidence recognized by the court is identical to the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the above 2. Reasons for the provisional payment order shall be determined as ordered in consideration of the various circumstances examined in the above 2.