업무방해등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a year and August, and fine of KRW 3,00,000.
The above fine shall be imposed on the defendant.
1. The decision of the court below on the summary of the grounds for appeal (two years of imprisonment and a fine of five million won, confiscation) is too unreasonable.
2. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, it seems that the lower court’s punishment is somewhat unreasonable, as it appears that the Defendant’s punishment is somewhat unreasonable, inasmuch as it appears that the Defendant’s punishment is somewhat unreasonable, in view of the following factors: (a) even though it is deemed that the Defendant committed each of the instant crimes with dangerous objects continuously and repeatedly at a short time in a month; (b) the Defendant has committed a violation of his own mistake; (c) the Defendant has agreed to deposit part of the money for the victim N; and (d) the Defendant has deposited the money for the victim N; and (e) the Defendant’s family members want to have the wife;
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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court 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 relevant criminal facts; Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; Article 260(1) of the Criminal Act; Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act; Article 366 of the Criminal Act; Article 257(1) of the Criminal Act; Article 366 of the Criminal Act; Articles 257(1) and 2(1)1 of the Criminal Act; Article 366 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act; Article 366 (1)2 and Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes.