공갈등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.
2. In light of the fact that the Defendant continuously and repeatedly interfered with the operation of the club and restaurant, etc. while putting the disturbance and happiness, and that the Nene residents and shop merchants seek a strict punishment against the Defendant, the Defendant needs to be isolated from society for a certain period of time.
However, the result of the sentencing review in the court below, such as the testimony of the witness Z, appears to have functioned in combination with the defendant's infiniteness and the noise of nearby his residence and the reckless speech and behavior of the employees, etc. When the defendant committed the above crime, the defendant would not commit the crime again while 6 months of confinement reflects the defendant's wrong behavior in depth during his prison life, and the defendant promised to endeavor to prevent the crime again. Meanwhile, the defendant was unable to participate in the marriage awareness of her infant due to confinement, and the health is not good due to urology and compromise, and there is no history of punishment more than her imprisonment without prison labor, and other conditions of the sentencing as shown in the records such as the defendant's age, character and behavior, environment, etc., it seems that the sentence of the court below that sentenced the defendant is too unreasonable.
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 facts and evidence recognized by the court is the same as the corresponding column 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 relevant to the facts constituting an offense and the selection of punishment;
(a) The point of unconstitutionality: Article 350 (1) of the Criminal Act (Selection of Imprisonment);
(b) The point of larceny: Article 329 of the Criminal Act.
(c) Point of interference with business: each point; and