(영문) 수원지방법원 2020.12.10 2020노4847 | 리걸엔진

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(영문) 수원지방법원 2020.12.10 2020노4847

업무방해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unhued and unreasonable.

2. The judgment of the court below is acknowledged that the defendant all of the crime of this case is recognized, but the crime of this case is committed, but the defendant was committed again without any specific crime, since the defendant was sentenced to the same crime of interference with business and committed immediately following the day on which the execution of the sentence was completed, there is a need to isolate the defendant for a long time in local communities, and interfere with the operation of the bus of the victim, and at the same time, insulting the victim F, who is the passenger of the above bus, and thus, the crime of this case is very poor in quality of the crime. Nevertheless, the defendant refused investigation at the prosecution without proper resistance, and all of the trials of the court below, but the defendant was absent from the prosecution, and the defendant was punished several times, including the crime of interference with business of this case. In particular, the crime of this case was committed immediately after the day on which the defendant was sentenced to the punishment of the same kind of crime of this case as the crime of this case, and thus, the defendant was not used by the victim, the defendant's age, experience, character, environment, motive, motive, means and consequence, etc.

Therefore, the prosecutor's argument of unfair sentencing is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied reasoning] Criminal facts and summary of evidence recognized by the court are identical to each corresponding part of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

유사 판례

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-광주지방법원 해남지원 2016.12.22 2016고단432

-인천지방법원 2018.11.15 2018노2867

-광주지방법원 해남지원 2016.11.03 2016고단384