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(영문) 서울북부지방법원 2017.10.20 2017노123
업무방해등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

(2) the date of this judgment.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unfilled and unreasonable.

2. After the judgment of the court below, the Defendant submitted a written agreement with the victim C’s certificate of seal impression.

However, the crime of this case is a crime that interferes with the victim's main business for 40 minutes of the disturbance and destroys two glass bars at the victim's place of business. The crime of this case is a crime that interferes with the victim's main business for the victim's main business for 40 minutes of the disturbance and damages two glasss.

As the people could have brush much, the risk is high.

Around August 2016, the Defendant had been investigated on the grounds of similar crimes, such as taking away plastics from the wall surface glass from the victim’s time to the time of calculating the drinking value at the main point that had already been operated by the same victim, and received the disposition of non-prosecution. In addition, the Defendant has the history of having been punished for violent crimes.

In full view of the various sentencing conditions, including these circumstances, indicated in the records of this case and the theory of changes, the lower court’s sentence is unreasonable as it is too unfasible despite the changes in circumstances favorable to the Defendant.

We accept the prosecutor's improper arguments in sentencing.

3. Since the prosecutor’s appeal of conclusion acceptance of the grounds for appeal, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the case is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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