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(영문) 서울남부지방법원 2017.03.30 2016노2369
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. In light of the purport of the grounds for appeal in this case, each of the crimes in this case was committed by taking advantage of the truth, the defendant's depth reflects the defendant, and the agreement between the victim of the joint injury and the defendant, etc., the sentence of the court below (one year of imprisonment) is too unreasonable.

2. Although the Defendant had been sentenced to a fine several times due to a crime of interference with the performance of official duties and violence, the Defendant committed each of the crimes of this case at the same time, and the nature of the crime is not good.

On the other hand, the defendant has been divided in depth into each of the crimes of this case, and the victim'sO of the crime of violation of the Punishment of Violences, etc. Act (joint injury) has become more serious, and the victim expressed that theO does not want the punishment of the defendant, and the complaint was revoked.

In addition, in full view of all the sentencing circumstances shown in the records and arguments of this case, including the defendant's age, sex, environment, and motive for committing the crime, the sentence of the court below is judged to be unfair because it is unreasonable.

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. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314(1) of the relevant Criminal Act concerning the crime (the point of interference with business), Article 366 of the Criminal Act, Article 311 of the Criminal Act, Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of interference with the performance of public duties) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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