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(영문) 전주지방법원 2013.06.28 2013노364
업무방해
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the Defendants.

Reasons

1. The sentence of the court below (the defendant: a fine of KRW 1,000,000 for each of the defendants) is too unreasonable in light of the overall sentencing conditions in light of the summary of the grounds for appeal.

2. The defendants recognized all of the crimes of this case in the court of appeal and divided in depth. The crime of this case was committed by the defendants in the process of opposing opinions with the victim who is the chairperson of the E Apartment Housing's tenant representative election management committee in the judgment of the court below, and there are circumstances that can be considered in the motive or circumstance leading up to the crime of this case. Defendant A had the record of suspended execution, but there was no record of punishment for the same crime. Defendant B did not have the record of punishment heavier than a fine or the same crime. Defendant C did not have the record of punishment heavier than a fine. Defendant C transferred from the above apartment after committing the crime of this case; Defendant B and C moved from the above apartment after committing the crime of this case; the defendants' age, character and conduct, environment, circumstances leading to the crime of this case, means and result before and after the crime of this case, and the situation of unfair sentencing, etc.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendants is all reasonable.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: 1. The defendants' each statement in the trial court of the court below is the same as each corresponding column of the court below's judgment, except for addition of "each statement in the trial court of the court below" to the summary of the evidence of the court below's judgment. Thus, it is

Application of Statutes

1. Criminal facts;

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