업무방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The gist of the grounds for appeal is to recognize and reflect the mistake.
The defendant agreed with the victims, and faithfully lives in a prison life, and participates in it.
After the discharge, the alcohol is cut and faithfully examined.
The maximum punishment would be for the sake of punishment.
2. Although the Defendant had been punished several times for the same kind of crime, the Defendant committed each of the crimes of this case during the period of repeated crime for the same crime.
On the other hand, the Defendant agreed with the victim G in the judgment of the lower court and the victim G in the trial.
In addition, considering the defendant's age, family relation, sex, career, environment, details and result of the crime, circumstances after the crime, criminal experience, and all the sentencing circumstances shown in the records and arguments of this case, the sentence imposed by the court below is deemed unfair, and thus, the argument of sentencing is reasonable.
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.
【Judgment to be used again] The summary of facts constituting an offense and evidence recognized by the court is identical to 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. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act, the choice of imprisonment with labor for each crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (2) of the Criminal Act on the grounds of the sentencing of concurrent crimes shall be determined as ordered in consideration of the various circumstances examined in the above 2.