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(영문) 서울북부지방법원 2015.09.10 2015노1138
업무방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15 million.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. The judgment of the court below, although the defendant had the record of being sentenced one time to imprisonment for the same kind of crime as the crime in this case, and the defendant committed each of the crimes in this case without being able to know about during the period of repeated crime for which seven months have not passed since the execution of imprisonment was completed, the defendant committed each of the crimes in this case. However, the defendant committed each of the crimes in this case by committing each of the crimes in this case, and committed each of the crimes in this case more than four months, in depth, and committed each of the crimes in this case by drinking and contingently. At the investigation stage, the victim D already expressed his intention not to want the punishment of the defendant. At the court below, it seems that the victim agreed with the victim in this case, the damage of the victim by each of the crimes in this case seems not to be relatively more severe, and considering the motive and circumstance leading up to each of the crimes in this case, the defendant's age, character and behavior, environment, and family relation, it is inappropriate to punish the defendant.

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 evidence admitted by the court is the same as the corresponding column 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 and Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of the crimes of the above two crimes is aggregated);

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

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