업무방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal that the court below imposed on the defendant is too unreasonable (the fine of 500,000 won).
2. In light of the following: (a) the instant crime committed on the part of the Defendant was committed by Kwikset Service by force for a limited time; (b) the victim’s business operation was considerably poor in light of the method and content of the crime; and (c) the Defendant has served a single sentence, a suspended sentence once, and a ten-time criminal punishment of a fine due to violent crime; and (d) the Defendant requires strict liability corresponding thereto.
However, in full view of the following factors: (a) the Defendant made confession of the instant crime and reflects his mistake in depth; (b) the Defendant has no record of being punished for the same kind of crime; (c) the victim revocation of the complaint against the Defendant by mutual consent with the victim at the time of the trial; and (d) other various sentencing conditions specified in the pleadings of the instant case, including equity in sentencing with the same or similar case; (b) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (c) the circumstances after the crime, the sentence imposed by the lower court is deemed unfair
Therefore, the defendant's above assertion is justified.
3. Since the defendant's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows, except for adding “1. Defendant’s oral statement” to the “a summary of evidence” column in the second sentence of the judgment of the court below, and thus, it is identical to the corresponding column in the judgment of the court below. As such, it is also cited by Article 369 of the Criminal Procedure
Application of Statutes
1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.