업무방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The defendant asserts that the defendant's punishment of the court below (six months of imprisonment) against the summary of the grounds for appeal is too unfasible, and the prosecutor is too unfased and unfair.
2. The judgment was based on the records that the Defendant was punished eight times due to the crime of obstruction of business or the crime of destroying property, and the Defendant was sentenced to a suspended sentence of ten months on May 15, 2019 to imprisonment with prison labor for the crime of obstruction of business or the crime of destruction of property, and the Defendant was sentenced to a suspended sentence of two years on May 23, 2019, and the said judgment became final and conclusive on May 23, 2019, and committed each of the instant crimes despite the suspended sentence period, the Defendant committed each of the instant crimes; the degree of interference with business of the Defendant is not minor; and the Defendant’s continuous verbal abuse and violent behavior led to a considerable amount of fear that he was killed and wounded
In full view of the facts presented in the instant arguments and records, including the fact that the defendant did not receive a letter from the victim G, the court below’s punishment seems to be unfair and unfair, since it appears that the defendant’s age, character and conduct, and criminal records were unfolded, the prosecutor’s improper assertion of sentencing is reasonable, and the defendant’s assertion of this is without merit.
3. In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows (as long as the prosecutor's appeal is accepted and the judgment of the court below is reversed, the defendant's appeal shall not be dismissed separately from the order). [Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court below among the criminal facts of the court below and summary of evidence "1. previous conviction: inquiry letter, such as criminal history, investigation report (verification of the suspended sentence and the same records, etc.)" are the same as the corresponding column of the court below's judgment, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
Article 16 of the Act concerning the facts constituting a crime and the choice of punishment.