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(영문) 수원지방법원 2016.06.17 2015노7578
업무방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

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 (amounting to KRW 5,00,000) is too unhued and unreasonable.

2. It is advantageous to the fact that the victim C paid KRW 100,000 to recover damage to the victim who interfered with the determination work, that the victim is not punished by the defendant, and that the victim reflects each of the crimes of this case committed by contingently.

However, in the case of interference with business affairs, the degree of interference is not less than 30 minutes, and in the case of insult, the 112-reported police officers are insulting, and the crime is not poor, and the above police officers are punished by the defendant, multiple violent crimes are criminal records, and the crime of the same kind of crime committed during the suspension period of execution of imprisonment with prison labor due to the previous violent crimes is committed again before the expiration of the remaining grace period, even though the police officers had already been sentenced to a fine on one occasion for the same crime committed during the suspension period of execution of imprisonment due to the previous violent crimes.

In addition, comprehensively taking account of the motive and background of the crime, the circumstances after the crime, the age of the defendant, sexual conduct, environment, etc., and all the sentencing conditions shown in the theory of changes, the sentence of the court below is too uneasible and unfair.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the prosecutor is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business, the selection of fines) concerning facts constituting an offense, and Article 311 of the Criminal Act (the point of insult and the selection of fines);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of two crimes) shall be aggravated for concurrent crimes;

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

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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