업무방해등
The judgment of the court below is reversed.
The crimes provided for in Articles 1 and 2 of the judgment of the defendant shall be punished by imprisonment with prison labor for 6 months and 3 of the judgment.
1. The summary of the grounds for appeal by the defendant (the crime No. 1 and No. 2 in the market: imprisonment with prison labor for 6 months and the imprisonment with prison labor for 4 months in the decision) is too unreasonable;
2. The Defendant had the record of having been punished three times as a result of the crime of interference with business, and, in particular, on April 11, 2013, the Busan District Court sentenced six months of imprisonment with prison labor for the crime of interference with business at the Busan District Court and two years of suspended execution on April 19, 2013, and again committed the crime set forth in Article 3 of the judgment during the suspended execution period after the judgment became final and conclusive on April 19, 2013, and the crime set forth in Articles 1 and 2 of the judgment is an unfavorable circumstance against the Defendant, that the Defendant insultingd the police officer who was dispatched after receiving a report by the victim C
However, considering the fact that the defendant led to the confession of each of the crimes in this case and divided his mistake, the degree of damage to each of the crimes in interference with business seems not to be relatively serious, the crime in violation of Articles 1 and 2 of the judgment should take into account the equity with the case where the judgment was rendered simultaneously with the crime in interference with business which became final and conclusive on April 19, 2013. In the case of the crime in Article 3 of the judgment, if the sentence of imprisonment is sentenced for the crime in violation of Article 3 of the judgment, the suspended sentence is effective. This seems to be somewhat harsh to the defendant, and it appears that the defendant has an opportunity to reflect his mistake because the defendant is detained for about two months in this case, and it appears that the defendant has an opportunity to reflect his mistake. In addition, considering all the various factors that are the conditions for sentencing, such as the defendant's age, character and conduct, motive for each of the crimes in this case, and circumstances after the crime
3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is without merit.
Criminal facts
Criminal facts and the summary of evidence recognized by this court are all relevant columns of the original judgment.