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(영문) 수원지방법원 2015.02.04 2015노98
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this judgment became final and conclusive.

Reasons

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

2. The crime of interference with the business of this case, assault, and insult committed by the Defendant without any reason that the Defendant interfered with the victim D's restaurant business and reported this to 112 without any reason, assaulting the victim F, insulting the victim F, obstructing the business of the victim, and insulting the police officer N who was dispatched to the site more than the scene, and thus, the nature of the crime is very poor.

In addition, crimes of intimidation on the existence of deadly weapons are also very poor.

However, in full view of the following facts: (a) the Defendant made confessions of all the instant crimes in late late in the trial and reflects on their depth; (b) the Defendant was detained for a considerable period of time, and then does not repeat again; (c) the victim D and F in the trial; (d) the Defendant’s mother agreed with the Defendant in the trial; (c) the Defendant’s mother’s mother wanted to break down 70,000 won for the Defendant’s N in the trial; (d) the Defendant deposited the Defendant’s wife at the trial; (e) there is no penalty force exceeding the fine; and (e) the Defendant’s age, character and conduct, environment, motive leading to the instant crime, and circumstances before and after the instant crime, the lower court’s punishment is somewhat unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows, except for the addition of “the defendant’s trial statement” in the summary column of the evidence, since it is the same as the corresponding column of the judgment of the court below, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314 of the Criminal Act concerning criminal facts and the choice of punishment

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