업무방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.
2. Determination is an unfavorable circumstance to the Defendant that: (a) the Defendant repeatedly expressed a strong desire and repeatedly commits an offense; (b) the fact that the offense is not good; (c) twice a fine due to interference with duties; and (d) a number of fines imposed on the same offense.
However, the defendant led to the confession of the crime of this case and reflects his mistake in depth, and agreed with the victims of the crime of interference with business during the trial, deposit of KRW 500,00 for the victims of larceny, and there is no record of punishment more than the suspended execution.
In addition, the scope of the final sentencing guidelines according to the majority of the criminal processing standards that have no person who is subject to a special sentencing [the scope of punishment for April to August] under the basic area (the scope of punishment for the larceny of neglect, etc.) of the Supreme Court, such as the defendant's age, sexual behavior, environment, family relation, motive and circumstance of the crime, and situation before and after the crime, etc., shall be considered as a combination of concurrent crimes under the former part of Article 37 of the Criminal Act. In full view of the court below's comprehensive review of the following factors: (a) the scope of the final sentencing guidelines according to the majority of the criminal processing standards that there is no person subject to a special sentencing [the person subject to a special sentencing]: (b) for at least four months [the crime of larceny for which the sentencing guidelines set forth and the crime of interference with duties for which no sentencing guidelines are set (the current sentencing guidelines are applied as the case is not prosecuted after July 1, 2015, and only the lowest limit of the recommended sentencing set by the sentencing guidelines set forth].
3. In conclusion, the judgment of the court below is reversed in accordance with 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.
[Judgment of the court below] The summary of the crime of this case and the defendant's summary of the evidence is the summary of the evidence of the court below.