업무방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for four months.
1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.
2. The judgment of the defendant has the same record as his/her punishment, and the risk of repeating the crime of this case is high by putting the same kind of crime again without being aware of it during the period of repeated crime.
The defendant did not agree with the victim of insult even in the trial of the party.
However, the Defendant recognized the instant crime and opposed to the mistake.
When the defendant agrees with the victim of interference with business in the trial of the party, the victim does not want to be punished against the defendant.
In addition, comprehensively taking account of the defendant's age, sex, career, family relation, environment, motive, means and consequence of the crime, circumstances after the crime, and experience of the crime in this case, the punishment imposed by the court below on the defendant is too unreasonable.
3. As such, the defendant's appeal is with merit, and the part of the judgment below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows after pleading.
【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. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the scope of the sum of the long-term punishments of the above two crimes, which are determined by a obstruction of heavier business);