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(영문) 서울남부지방법원 2020.11.05 2020노1454
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence of the court below (one year of imprisonment) is too unreasonable.

2. The judgment of the court below is somewhat heavy in light of the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions stated in the arguments of this case, such as the defendant's age, character and behavior, the motive, means and consequence of the crime of this case, etc., although the defendant was punished for the same crime, again committed the crime during the period of repeated crime, the defendant agreed with the victim of obstruction of business, despite the defendant's above criminal records.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the judgment of the court below, and such facts are cited as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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