권리행사방해
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. In light of the purport of the grounds for appeal by the defense counsel (unfair sentencing) is against the defendant's wrong and the victim company expressed its intent not to have the defendant punished for receiving compensation for damage, etc., the sentence of the court below that sentenced six months of imprisonment is too unreasonable.
2. In full view of the following facts: (a) the Defendant recognized a mistake and speaks against the judgment; (b) there is no record of criminal punishment for the same kind of crime; (c) the victim company expressed its intent that it would not want the punishment for the Defendant after receiving compensation for damage; and (d) the Defendant’s age, sexual conduct, environment, degree of damage, motive and circumstance of the crime; and (e) the circumstances of all the sentencing specified in the records and arguments, such as the circumstances after the crime, the lower court’s punishment is unreasonable, and thus, the above assertion is reasonable.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;