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(영문) 서울북부지방법원 2017.01.13 2016노2274
업무방해등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

1. The reasoning of the appeal is heavier than that of the lower court.

2. There is a change in circumstances where the defendant agreed with the victims smoothly after the judgment of the court below.

In addition, the lower court’s punishment against the Defendant is unreasonable in light of the following factors: (a) comparing the sentencing conditions as indicated in the instant case’s records and changes; and (b) comparing the sentencing grounds for the

3. The judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is again ruled after pleading as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act for concurrent crimes and Article 1 of the Reasons for the Sentencing [the scope of recommended punishment] [the scope of business interference], the grounds for sentencing under Article 50, and Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (the scope of recommended punishment] (one month to eight months) [the person subject to special mitigation], the grounds for punishment (including serious efforts to recover damage)] / The scope of recommended punishment for the same repeated crime / [the scope of recommended punishment] the mitigated area (one month to eight months), the mitigated area (including serious efforts to recover damage) [the person subject to special mitigation] [including a person subject to special mitigation], or where the damaged area is recovered due to the same type of repeated crime (excluding the types of repeated and repeated crimes among six types), or multiple aggravated crimes of the same kind (excluding the types of repeated crimes).

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