업무방해
The judgment of the court below is reversed.
Defendant
B and E shall be punished by a fine of 200,000 won.
Defendant
B and E shall each be subject to the above fine.
1. The summary of the grounds for appeal is that each punishment (two million won each fine) imposed by the court below on the Defendants is unfair because it is too unreasonable (the Defendants explicitly withdrawn the assertion of mistake as to facts on the second trial date of the trial of the court below). Although there are circumstances in which the Defendants did not agree with the victims until February 2, 199, the Defendants appeared to have committed the instant crime at the trial of the court, there are some circumstances considering the circumstances leading to the instant crime; the degree of interference is not relatively heavy; the victim’s new factory construction was suspended; the Defendants did not have any history of punishment for the same crime; the Defendants did not have any history of punishment for the same crime; and the Defendants A, C, and D did not have any history of punishment for the same crime; and other circumstances constituting the conditions for the instant punishment, such as the Defendants’ age, sex, environment, method of crime, circumstances, and criminal records after the commission of the instant crime, etc., the court below’s each sentence is unfair.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the Defendants is all reasonable, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: “In addition to the modification of “each of the Defendants’ respective statements in the first trial protocol of January 1, 200” to “1. Defendant A, B, D, and E” in the summary of the evidence of the judgment of the court below, it is identical to each of the corresponding columns of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 314(1) and 30 of the Criminal Act concerning the facts constituting a crime and the choice of punishment (the Defendants)
1. Punishment to suspend the sentence (Defendant A, C, and D) each fine of 200,00 won;
1. Articles 70(1) and 69(2) (one hundred thousand won per day) of the Criminal Act, each of the Defendants’ detention in the workhouse;
1. Suspension of sentence (Defendant A, C, D).