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(영문) 대구지방법원 2018.07.27 2018노2025
업무방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 6 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The defendant, as stated in the judgment of the court below, committed each of the crimes in this case against the victim of the above special bodily injury during the period of probation after being sentenced to a suspended sentence for special bodily injury as stated in the records

This is disadvantageous to the defendant.

The degree of violence or interference with the defendant's exercise is relatively heavy.

As the defendant agreed with the victim in the trial of the party, the injured party does not want to punish the defendant.

Defendant recognized each of the crimes of this case and opposed to it.

This is the circumstances favorable to the defendant.

In addition, if all of the sentencing conditions indicated in the records and theories of this case, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, are taken into account, the punishment imposed by the court below is too unreasonable.

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, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment of the court below, and thus, it is acceptable 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 and the selection of fines) concerning the facts constituting an offense, and Article 260 (1) of the Criminal Act (the point of violence and the selection of fines);

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act, prior to the grounds for sentencing, shall be determined as ordered by taking account of the fact of reversal.

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