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광주지방법원 2016.03.23 2016노295

권리행사방해

Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by six months of imprisonment.

However, from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. In full view of the following facts: (a) the Defendant recognized his mistake and reflects the Defendant; (b) the victim did not want the Defendant’s punishment by mutual agreement with the victim; and (c) there was no criminal conviction for which the Defendant was punished in excess of the same criminal record or fine; and (d) other various sentencing conditions as shown in the argument of the instant case, such as the developments leading up to the instant crime; (b) the circumstances after the commission of the crime; (c) the Defendant’s age; and (d) the Defendant’s sexual conduct, etc.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of facts constituting a crime and evidence recognized by the court are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of statutes

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;