업무방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.
The above fine shall be imposed on the defendant.
1. The decision of the court below on the summary of the grounds for appeal (the imprisonment for nine months and the fine for 300,000 won) is too unreasonable.
2. In light of the circumstances, details, and frequency, etc. of each of the instant crimes, the crime is not good, and the Defendant has the record of criminal punishment several times due to the same kind of crime, etc., which is disadvantageous to the Defendant, but the Defendant appears to recognize and reflect each of the instant crimes. The Defendant agreed with the victim L/O at the lower court, and the Defendant agreed with the restaurant operator who suffered interference with business on March 30, 2016, and did not want the Defendant’s punishment. In full view of the Defendant’s age, character, environment, motive and circumstance of each of the instant crimes, means and method of each of the instant crimes, circumstances after the crime, etc., and all of the sentencing factors expressed in the process of the trial, the Defendant’s allegation of unfair sentencing is recognized to be somewhat unreasonable, since the Defendant’s sentence imposed by the lower court is somewhat inappropriate.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the crime and evidence against the defendant recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business, the choice of imprisonment), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance of revocation by government offices and the selection of fines);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;