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(영문) 수원지방법원 2018.12.06 2018노6223

업무방해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) against the Defendant is too unreasonable.

2. The lower court’s submission of false data at the lower court and intended to deceive the court, etc. are disadvantageous to the Defendant.

However, in full view of the following circumstances, the lower court’s punishment is unreasonable as it is unreasonable in view of the following circumstances: (a) the Defendant recognized the crime of late late math and reflected; (b) the payment of the agreed amount at the trial; and (c) the victim seeks the wife by mutual consent with the victim; and (d) the Defendant’s age, sex, family relationship, environment, means, and result, etc., which are conditions for sentencing specified in the instant records and arguments

Therefore, the defendant's argument is justified.

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, and the judgment below is reversed and it is again decided as follows

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Not more than five years of imprisonment;

2. Where the methods of committing crimes of Class 1 (Interference with Business) (Special Aggravationd Persons) are very poor according to the sentencing guidelines (the scope of recommended punishment) [the scope of punishment] from one year to six years, and six months (the area of aggravated punishment).

3. Determination of sentence: Imprisonment with prison labor for one year and two years prior to the suspension of execution, taking into account the various circumstances as seen in the grounds for reversal, as set forth in the Disposition;