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(영문) 전주지방법원 2013.09.06 2013노466
업무방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the court below (the fine of KRW 3,00,000, the cost of the lawsuit) is too unreasonable in light of all the sentencing conditions in the grounds for appeal.

2. The crime of this case in determining the grounds for appeal is a case in which the defendant posted a false content on his personal Internet block and obstructed the business of selling off the day to the trial court. However, the defendant recognized the crime of this case for the first time, and there is no record of punishment heavier than the punishment or fine, and the place where the defendant posted a letter is relatively weak in performing as his personal shoulder, and the defendant's age, character and behavior, environment, circumstance and consequence leading up to the crime of this case, and the situation before and after the crime, etc., the defendant's punishment is too unreasonable, and thus, the defendant's assertion of unfair sentencing is unreasonable, considering various sentencing conditions of Article 51 of the Criminal Act as shown in the records of this case, such as the age, character and behavior of the defendant, circumstance, means and result of the crime of this case.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is as follows: 1. The defendant's statement in the trial court of the court below is added to the summary of the evidence; 2.1. The defendant's statement in the trial court of the court of the court below is as stated in each corresponding column of the court below's judgment, and

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 314 (1) and 313 of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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