logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.06.26 2014노2958
업무방해
Text

The judgment below

The part against the Defendants is reversed.

The sentence of punishment against the Defendants shall be suspended.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (a fine of 700,000 won is imposed on the Defendants, and a fine of 50,000 won is imposed on the Defendants) declared by the lower court to the Defendants.

2. Determination as to the Defendants’ instant crime, the Defendants’ failure to reach a resolution by the council of occupants’ representatives is recognized as disadvantageous circumstances to the Defendants.

However, in full view of the following circumstances: (a) the Defendants recognized the instant criminal facts and against their mistake; (b) the Defendants presented their opinions about the progress of the meeting of the council of occupants’ representatives; (c) there are some circumstances to consider the circumstances leading to the instant criminal acts; (d) there was an agreement with the council of occupants’ representatives newly established in the trial; and (e) there was no record of criminal punishment exceeding the fine against the Defendants; and (e) other circumstances that are conditions for the instant sentencing, such as the Defendants’ age, occupation, character and conduct, character and conduct, intelligence and environment; (e) motive, content, means and consequence of the instant crime; (g) circumstances after the crime was committed; and (e) criminal records, etc., the Defendants’ assertion is reasonable

3. In conclusion, the part of the judgment of the court below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal against the Defendants is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as follows: (a) the Defendant’s partial statement in the summary column of the evidence among the reasoning of the judgment of the court below is identical to each corresponding column against the Defendants, except where the Defendant’s partial statement in the court room is changed to “each of the Defendant’s respective court hearings”. As such, it is cited as it is in accordance

Application of Statutes

1. Defendants of the pertinent legal provisions and the choice of punishment regarding criminal facts: Article 314(1) of the Criminal Act; Article 30 of the Criminal Act; and Article 1.

arrow