(영문) 의정부지방법원 2015.02.13 2014노1804

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자간(%)

(영문) 의정부지방법원 2015.02.13 2014노1804

업무방해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2.5 million won of a fine) is too unreasonable.

2. The fact that the degree of interference with the defendant's business cannot be deemed minor, and that the defendant has been subject to criminal punishment for the same kind of crime, etc. over several times is disadvantageous to the sentencing.

However, in full view of all the circumstances such as the Defendant’s confession and reply to the instant crime, the Defendant and the victim appear to have a dispute over money, and it appears that it was the cause of the instant crime, the Defendant agreed with the victim at the lower court, the Defendant’s livelihood appears to be very difficult, and the Defendant’s age, character, character, environment, occupation, circumstance and details leading to the instant crime, and circumstances after the commission of the crime, etc., the sentence of the lower court is too unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and 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 concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The grounds for reversal of the sentencing of Article 334(1) of the Criminal Procedure Act are as stated in the grounds for reversal of the provisional payment order.

참조조문

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