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(영문) 서울중앙지방법원 2013.04.10 2013노921
업무방해
Text

The judgment of the first instance shall be reversed.

The sentence against the accused shall be 500,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds of appeal on the grounds of unfair sentencing. 2. The judgment of the court of this case is an unfavorable sentencing condition against the defendant, such as that the defendant committed again the crime of this case during the suspension of execution due to a similar type of crime, and did not agree with the victim, but the defendant divided the defendant's mistake, and the defendant demanded supplementation of the defect in the tent ordered by the victim, resulting in contingent punishment, and the defendant applied for a summary order of KRW 500,000,000 in consideration of various circumstances in this case. Considering the above, the sentencing of the first instance court seems to be somewhat inappropriate.

3. According to the conclusion, the appeal by the defendant is accepted, and the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is to be rendered again after pleading.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314(1)1 of the Criminal Act: (a) The pertinent law and the choice of a penalty (the choice of a fine) against a crime; (b) Articles 70 and 69(2)1 of the Criminal Act; and (c) Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

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