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(영문) 울산지방법원 2020.09.17 2019노696
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

Reasons

1. The gist of the grounds for appeal is too heavy.

2. After the issuance of the judgment of the court below, the defendant compensated the victim C and E for the damage, and the above victims were not punished against the defendant.

Considering the above reasons and the conditions of sentencing that the court below stated in the reasons for sentencing, it is necessary to re-determine the sentence because the sentence imposed by the court below is too unreasonable because it is too unreasonable.

3. The judgment of the court below is reversed, and the following is decided after pleading.

[Discied Judgment] The summary of facts constituting an offense and a summary of evidence is as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, Article 260(1) of the Criminal Act, Article 31 of the Criminal Act, Article 311 of the Criminal Act, the choice of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed by the most severe crime of interference with business);

1. The reasons for the reversal of sentencing under Article 62(1) of the Criminal Act (a favorable circumstances, such as the fact that some of the victims agreed with them) and all of the conditions for sentencing indicated in the record shall be determined by the suspended sentence.

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