권리행사방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to two million won) is too unreasonable.
2. In full view of all of the sentencing conditions in the instant case, including the fact that the Defendant recognized the instant crime and reflects on the fact that the Defendant is a basic recipient, the economic situation is extremely difficult, the suffering from minson’s disease and the disability of class 5 with delay disability, the fact that the Defendant was living without any particular criminal history for 30 years, and the Defendant’s character and behavior, environment, family relationship, circumstances and result of the instant crime, etc., the sentence imposed by the lower court is too unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted 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 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment Act;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. As seen in the part on the grounds of appeal for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the sentence shall be determined as per the order, taking into account the factors unfavorable or favorable to the defendant.