업무방해등
The judgment below
The part against the Defendants is reversed.
The sentence of punishment against the Defendants shall be suspended.
1. The summary of the grounds for appeal (the punishment imposed by the court below (the fine of 500,000 won, the fine of 1 million won) is too unreasonable.
2. In order to minimize damage to the property caused by the discount sale of the above apartment by the chairman or a member of the L apartment complex's subrogation committee, there are some violent methods in the process of negotiating with the victim in lieu of the residents, and there are circumstances to be considered in the process of such act; the defendants have no criminal power as a usual family head office; the defendants are against their wrongness; the defendants are against their own fault; and all of the sentencing factors indicated in the arguments of this case, such as the defendants' age, character and conduct, environment, background of the crime of this case, circumstances after the crime, etc., the court below's punishment is somewhat inappropriate. Thus, the defendants' above assertion is justified.
3. In conclusion, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is reversed, and the appeal by the Defendants is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Articles 314(1) and 30(1) of the Criminal Act; Article 2(2) and (1)1 of the Punishment of Violences, etc. Act; Article 319(1) of the Criminal Act (the point of co-existence of a structure; the selection of fines);
B. Defendant B: Articles 314(1) and 30 of the Criminal Act (a) (a) of the Criminal Act; (b) Article 314(1) (a) of the Criminal Act; (c) Article 314(1) (a)) of the Criminal Act; (d) Article 2(2) and (1)1 of the Punishment of Violences, etc. Act; and (e) Article 319(1) of the Criminal Act (the selection of fines).