logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.01.06 2014노1352
업무방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of suspended sentence for six months of imprisonment and confiscation) is too unreasonable.

2. The Defendant’s crime of this case committed in light of the circumstances favorable to the Defendant, including the following: (a) the Defendant knife without any reason and the booms that people interfere with business in marina; (b) there is a need to severely punish them in light of the risk; (c) the Defendant has committed a crime against his own wrong act; (d) the Defendant has no criminal power after being punished by a suspended sentence of imprisonment in 1989; and (e) the Defendant appears to be clearly in a family relationship from 2004; and (e) other circumstances that are favorable to the Defendant, such as the motive and background leading up to the instant crime, the Defendant’s age, character and conduct, environment, and family relationship, etc., and the sentence imposed by the lower court is somewhat unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

arrow