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(영문) 대구지방법원 2020.02.06 2019노4637
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

Reasons

1. The sentencing of the lower court (eight months of imprisonment) is too unreasonable.

2. The Defendant had a record of being punished several times for the same kind of crime, such as interference with duties, injury, and fraud, and committed another crime during the period of repeated crime due to the same crime, such as a special injury.

However, the defendant is erroneous, and the court below agreed with each victim of the crime of destruction and obstruction of business, the crime of bodily injury, and the crime of fraud, and the court has recovered the damage of the crime of damage to public goods.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and background of the offense, means and consequence, etc., the lower court’s sentencing is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading.

[Discied Judgment] The same as the relevant column of the judgment of the court below on criminal facts and the summary of evidence.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (a point of interference with business), Article 366 of the Criminal Act, Article 257(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 141(1) of the Criminal Act, Article 141 of the Criminal Act, the choice of imprisonment for each term of imprisonment with labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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