권리행사방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (10 months of imprisonment) is too unreasonable.
2. Each of the crimes of this case in question is not against the nature of the crime in light of the means, scale of damage, etc.
However, the defendant confessions all of the crimes of this case and reflects them.
In the court below, the defendant agreed with the victim of the crime of interference with the exercise of rights, and all victims do not want the punishment of the defendant.
In addition to a fine, the defendant has no record of criminal punishment and has no record of criminal punishment for the same kind.
The defendant has been able to live in prison for a certain period of time.
In full view of the above circumstances, the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment seems to be too unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.
[Re-written judgment] The summary of facts constituting a crime and evidence recognized by this court is as follows: (a) the summary of facts constituting a crime and evidence is to be cited in accordance with Article 369 of the Criminal Procedure Act, in addition to deletion of “the total amount of KRW 65,500,000,000,000,000,000,000,000 won received by delivery
Application of Statutes
1. Relevant legal provisions for facts constituting an offense, Article 323 of the Criminal Act that prevents exercise of rights), Article 347(1) of the Criminal Act (i.e., fraud) and choice of imprisonment with prison labor, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspension of execution (The favorable circumstances in part of the judgment on the grounds for the above appeal);
1. The scope of applicable sentences under the law on the grounds of sentencing under Article 62-2 of the Criminal Act of the community service order: Imprisonment with labor for not more than 15 years;