업무방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is too unreasonable that the penalty (two million won of a fine) imposed by the court below against the defendant is too unreasonable.
2. The judgment of the court below seems to have recognized the defendant's mistake when the defendant was in the trial, and against the crime of this case, the defendant who had not been employed, could be considered to have committed the crime of this case without refusing his commercial instruction. In addition, considering the defendant's age, character and behavior, environment, motive, means and result of the crime, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and circumstance before and after the crime, the defendant's assertion of unfair sentencing is reasonable, and therefore, the defendant's assertion of unfair sentencing is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by this court and the summary of the evidence is identical to the corresponding column of the judgment of the court below, except for the change of "1 and partial statement of the defendant to "1. The defendant's court statement" in the summary of the evidence of the court below as "1. The defendant's court statement". Thus, it is cited in accordance with
Application of Statutes
1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Article 70 of the Criminal Act and Article 69 (2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;