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(영문) 수원지방법원 2018.11.21 2018노5728
업무방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unreasonable.

2. In light of the circumstances unfavorable to the defendant, the fact that the nature of the crime of this case is not good in light of the background and content of each of the crimes of this case, etc., it is recognized that the punishment of the court below is unfair on account of a comprehensive consideration of the circumstances favorable to the defendant, such as the defendant's health, age, sex, environment, motive of the crime, means and result of the crime, etc., and the sentencing conditions indicated in the record, such as the circumstance that the defendant committed the crime of this case and against the defendant's wrong judgment when it was committed in the first instance, and there was no specific criminal record other than the sentence imposed once by the crime of this case, and the victim does not want the punishment of the defendant upon agreement with the victim

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each 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. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 311 of the Criminal Act (the point of insult), Article 314(2) and Article 314(1) of the Criminal Act (the point of interference with computer business), and the selection of fines for each 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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentence shall be determined as per the order, in consideration of the various circumstances described in Article 62(1) and (2) of the Criminal Act with the reason for sentencing as provided in the same Article;

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