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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10 million.
The above fine shall not be paid by the defendant.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. It is not good that the judgment defendant committed the instant crime during the suspended execution period of the same kind of crime.
On the other hand, the defendant recognized the crime of this case and is against the law.
It does not seem that the defendant committed each of the crimes in this case by contingency, and the degree of force or assault exercised by the defendant does not seem to have been serious.
The defendant expressed his/her intention that the victim does not want to be punished for the defendant under the agreement with E as the victim of interference with business affairs.
Although the agreement was not reached, the Defendant deposited some money to recover the damage of the victimized police officers.
In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, sexual conduct, family relationship, occupation, etc., and the conditions for the sentencing as shown in the records and arguments, it is recognized that the sentence imposed by the lower court is unfair due to the absence of sentence imposed by the Defendant, and thus,
3. As such, the defendant'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 the defendant's appeal is again decided as follows.
[Re-written judgment] The summary of the facts constituting the crime of this case and the defendant's summary of the evidence are identical to each of the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines for the 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. Circumstances are as follows: (a) Articles 70(1) and 69(2) of the Criminal Act, which are the reasons for sentencing, are the same as Article 70(2) of the Criminal Act.