업무방해등
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is unreasonable because the penalty (1.5 million won) of the original judgment is too unreasonable.
2. In full view of the facts that the Defendant is a recipient under the National Basic Living Security Act and the economic situation is extremely difficult, the Defendant’s occupation, age, health condition, and all other matters concerning the sentencing specified in the instant records and arguments, the lower judgment’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is with merit.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Relevant Article 314(1) of the Criminal Act; Article 314(1) of the Criminal Act; Article 260(1) of the Criminal Act; selection of fines for the crime;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;