(영문) 대구지방법원 2015.04.16 2015노509 | 리걸엔진

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자간(%)

(영문) 대구지방법원 2015.04.16 2015노509

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. The Defendant’s recognition of each of the instant crimes and reflects the mistake, and the degree of assault is a favorable condition to the Defendant.

On the other hand, the Defendant committed each of the crimes of this case again during the period of repeated crime due to damage to public goods, etc., committed assault against the Defendant on the ground that he reported the Defendant to the police, and committed repeatedly a crime of interference with business against an unspecified or large number of victims, etc., which are disadvantageous to the Defendant.

In addition, the age, character and conduct, environment, the circumstances and result of each of the crimes in this case, etc., all of the sentencing conditions in this case and the scope of recommended sentencing guidelines determined by the Supreme Court Sentencing Committee.

1. Standards for types of punishment and of punishment;

(a) Punishment of assault (decision of type): Punishment of assault (decision of type): Punishment of assault (general assaulter): Where the degree of assault is minor (Article 1, 6, and 7): Aggravating factors: motive of assault (excluding types 7); and punishment of repeated assault of the same kind (excluding the types of habitual and repeated assault of the six types): 4 months to one year;

(b) No sentencing guidelines for the crime of interference with business or damage to property are set.

2. In full view of the following: (a) more than four months of imprisonment with prison labor for the handling of multiple crimes (the former part of Article 37 of the Criminal Act is concurrent crimes between the crimes for which the sentencing criteria are set and the crimes for which no sentencing guidelines are set; (b) the lower limit is based on the lower limit of the sentencing criteria set in the sentencing criteria for the crimes for which the sentencing guidelines are set), the lower court’s punishment is too unreasonable

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

참조조문

-형법 제37조

-형사소송법 제364조 제4항

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