업무방해등
The judgment of the court below (However, the dismissal of prosecution among the judgment of the court of first instance is excluded) shall be reversed.
The defendant shall be punished by imprisonment for not less than five months.
1. In light of the substance and nature of the instant crime and the criminal records of the Defendant’s same kind of crime, etc., the respective sentences of the lower judgment (the first instance judgment: the fine of KRW 3 million, the second instance judgment: the imprisonment of KRW 3 million) are deemed to be too uneasible and unfair.
2. The judgment of the court below is acknowledged that the defendant committed each of the crimes of this case, even though he did not restrain violent inclination and repeatedly committed a crime, and that the victim F of the crime of obstruction of business on September 28, 2013 was in the front position of the defendant. However, even though the defendant had reached six times the criminal records related to violence since 2009, the defendant committed each of the crimes of this case during the period of a repeated crime, being sentenced to imprisonment with labor for two times during the period of a suspended sentence of imprisonment (10 months for a driver assault). The defendant was under the influence of the judgment of the court below, even though he did not suppress violent inclination when he was under the influence of alcohol and repeatedly committed a crime without suppressing it, and was under the influence of the court below on June 28, 2013, and the victim F of the victim F of the crime of obstruction of business on September 28, 2013, and thus, the defendant's act of abusing the police's motive and behavior as well as the circumstances leading up to the crime of violence of this case.
3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act (excluding the dismissal of prosecution among the judgment of the court of first instance), and the following is again decided after pleading.
Criminal facts
Criminal facts of the defendant and the summary of the evidence recognized by the court, as well as the facts thereof.