업무방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of one year from the date this judgment becomes final and conclusive.
1. The sentence of the lower court (the imprisonment of eight months and two years of suspended execution, and the community service order of two hundred hours) against the Defendant on the summary of the grounds of appeal is too unreasonable.
2. The crime of this case is found to be disadvantageous to the Defendant, such as: (a) the Defendant interfered with the business of the victim D several times; (b) had repeatedly reached the sound causing uneasiness to the victim G; and (c) had expressed a desire to the victim L with heavy liability in light of the content of the crime; and (d) the Defendant did not yet agree with the victims.
However, it is recognized that the punishment of the court below against the defendant is unfair because it is too unreasonable, considering the following circumstances, such as the defendant's confession of the crime of this case and the fact that the defendant reflects the defendant's mistake in depth, that the defendant deposited one million won for the victim of interference with his duties, that the mental illness of the defendant, such as Cho Jae-jin, did not reach the level of mental and physical weakness, but appears to have contributed to the crime of this case, that the defendant's health status is not good at present due to the aftermath of the soft cancer operation, and that the defendant has no particular criminal history, that the defendant's family members want to have the front wife against the defendant, etc., and that the social relation of the defendant is relatively clear, such as the defendant's age, sexual behavior, environment, etc.
Therefore, the defendant's argument that the above sentencing is unfair is justified.
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.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 314(1) of the Criminal Act concerning facts constituting an offense (Interference with business);