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(영문) 서울중앙지방법원 2014.05.09 2014노920
업무방해등
Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of 12 million won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal unreasonable sentencing

2. The judgment of this court was rendered by the Seoul Northern District Court on August 24, 2012, which was sentenced to two years after the suspension of execution on September 1, 2012 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence, etc.) and the crime of causing property damage. The Defendant was sentenced to a fine of KRW 1 million on February 7, 2013 and a fine of KRW 1.5 million on April 13, 2013 due to the crime of assault committed on January 13, 2013, and the crime of causing property damage and assault committed on May 6, 2013, and again, committed the crime of interference with business on August 17, 2013, and committed the crime of interference with business on November 20, 2013, which was sentenced to a fine of multiple previous crimes of assault, etc., which is disadvantageous to the Defendant.

However, in light of all the sentencing conditions in the records and arguments of this case including the defendant's age, character and conduct, environment, history of crime, criminal history, method of crime, result, etc., the defendant's mistake is seriously against his own mistake, and the sentencing conditions as shown in the records and arguments of this case are considered to be unfair, considering the following factors: "The defendant's mother submitted a written application to the effect that "the defendant is against the defendant and has a large amount of alcohol at the time of the crime of this case"; the defendant was detained for three months until he was released after being sentenced to a fine at the court below; the defendant reflects his mistake; the defendant's age, character and behavior, environment, history of crime, method of crime, and consequence of crime; and the circumstances after the crime of this case, etc., it is recognized that the punishment (the fine of KRW 15 million) imposed by the court below is somewhat unreasonable.

Therefore, pursuant to Article 364 (6) of the Criminal Procedure Act, the conviction part of the judgment below shall be reversed, and it shall be decided as follows after pleading.

Criminal facts and the summary of evidence of the defendant recognized as a party member and the summary of the evidence fall under both the column of the original judgment.

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